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A X 



ORATION 



P E L I V E R E I) 1! E F O I! E 1 1 1 1 ■: 



MUNICIPAL AUTHORITIES 



O F T II E 



CITY OF BOSTON, 

JULY 4 , 185 9^ 
BY GEORGE SUMNER 



TO (. E T I! E It AY ITII 

THE SPEECHES AT THE DINNER IN FANEIUL HALL, AND OTHER CEREMONIES 
AT THE CELEBRATION OF THE 

EIGHTY-THIRD ANNIVERSARY" OF AMERICAN INDEPENDENCE. 



BOSTON: 

GEO. C . RAND AND AVERY, CITY PRINTERS 

NO. 3 CORKniJ,L, 

18 5 9. 






7</??* 



AX 



ORATION 



D E I, I V E R E I) P. E F O R E T U E 



MUNICIPAL AUTHORITIES 



ll V T IT E 



CITY OF BOSTON, 

JULY i , 1859, 

BY GEORGE SUMNER 



T O G E T II E 11 W 1 T II 

THE SPEECHES AT THE DINNER IN FANEUIL HALL, AND OTHER CEREMONIES 
AT THE CELEBRATION OF THE 

EIGHTY-THIRD ANNIVERSARY OF AMERICAN INDEPENDENCE. 



BOSTON: 

GEO. C . RAND AND AVERY, CITY PRINTERS, 

NO. 3 COENHILL, 

18 5 9. 



c 






\s> 



<£\ 




CITY OF BOSTON 



In Common Council, July 21, 1859. 
Ordered : That the thanks of the City Council be, and they hereby 
are presented to George Sumner, Esq., for the eloquent Oration 
by him delivered before the Municipal Authorities on the occasion 
of the Celebration of the Eighty-Third Anniversary of the Declar- 
ation of American Independence, and that a copy of said Oration be 
requested for publication. 
Sent up for concurrence. 

J. P. BRADLEE, President. 

In Board of Aldermen, July 25, 1859. 
Passed in concurrence. 

SILAS PEIRCE, Chairman. 

Approved, July 27, 1859. 

F. W. LINCOLN, Jr., Mayor. 



INTRODUCTION. 



The Fourth Day of July, the anniversary of American 
Independence, is a day which, by the common consent of 
common patriotism, has come to be celebrated, both as a 
great civil occasion, and as a holiday of the people. 

If, in the latter aspect, it can be said that succeeding 
years enhance the magnitude of the festival, — as the 
people multiply, and as, with the most complete enthusiasm 
and universal spirit of national love, by ceasing from labor 
and abandoning themselves to festivity and demonstrative 
pleasure, Americans, born and adopted, testify the sincerity 
of their devotion to the Country, — it is not less true that 
in the extent of our civil celebrations there is a steady 
increase, embracing in their scope, as they often do, large 
schemes of popular holiday amusement. 

As these transactions grow in dignity and importance, 
faithful records of them become more and more desirable; 
and in placing the contents of this volume in a compar- 
atively durable form, the Municipal body manifests its 
consideration, not only of the present interest of these 
documents, but also of their future value, as the inefface- 
able tidemarks in the book of history which shall indicate 
to coming generations the strength and progress of repub- 
lican institutions. 



ORATION. 



PREFACE. 



Honored by tlie request of the City Council to speak, in 
the name of Boston, on the Fourth of July, it seemed to 
me proper on that occasion to discuss some of our obliga- 
tions, as Americans, to other nations and to ourselves. 

The facts then stated, which bear upon the aid given 
our country in its Revolutionary struggle, were verified by 
the examination of original documents in the archives of 
the State Department at Washington, of the French Minis- 
try of Foreign Affairs at Paris, and of the Spanish govern- 
ment at Seville and Madrid; and also of papers in the 
hands of the executor of Caron de Bcaumarchais, the 
agent of the first benefactions of France.* 

In giving to Spain the credit of having projected the 
Armed Neutrality of 1780, I am aware that I may seem 
to have differed from many writers on International Law. 
The statement, however, was not lightly made, nor without 
documentary evidence to sustain it. 

* As the recent biographer of Bcaumarchais, M. de Lomenie, has charged 
the United States with ingratitude to him, I take this opportunity publicly 
to state, that having drawn the attention of his executor to the first ac- 
cusations of M. de Lomenie, in the Revue des Deux Mondes, that gentleman 
declared to me, that every just claim of Beaumarchais had been " fully, 
largely, and generously paid by the United States ; " and this declaration he 
offered to repeat, in his official capacity, before a Notary Public. 



10 



Of what was said concerning the position of European 
countries, I have nothing to alter on account of the truce 
of Villafranca. 

As regards recent events in our own country, speaking in 
the name of a law-abiding people, I felt it my duty to raise a 
warning voice against conduct which the wisest jurists in the 
land have denounced, as tending to bring the tribunals of the 
law into disrespect. Speaking in the name of those whose 
ancestors made sacrifices to secure liberty founded on law — 
and who believe an essential guaranty of that liberty to con- 
sist in the separation of the legislative, executive and judicial 
functions — I should have been recreant to my trust did I fail 
to speak of acts which tended, if not to confound those func- 
tions, at least to destroy their harmonious balance. Venera- 
ting the Constitution, I could not stand dumb in presence of the 
earnest appeal of the Senior Judge of the Supreme Court — 
the companion upon the bench of Marshall — Mr. Justice 
McLean, who, alarmed at the usurpations of the Chief 
Justice, and other of his junior colleagues, exclaimed in the 
Dred Scott case : " Have the impressive lessons of practical 
wisdom become lost to the present generation ? If the great 
and fundamental principles of our Government are never to be 
settled, there can be no lasting prosperity. The Constitution 
will become a floating waif on the billows of popular excite- 
ment." Yielding to no one in respect for our judicial sys- 
tem — and keenly alive to the importance of that respect being 
universal — I felt it my duty to invoke the supreme tribunal of 
the land — the Sovereign Public Opinion of the country — to 
aid in awakening a portion of the Judiciary to a sense 
of self-respect — the basis of respect from others. 



11 



Jefferson in a letter to Edward Livingston, of 25th 
March, 1825, says: "Your code for Louisiana will range 
your name with the sages of antiquity. One single object 
will entitle you to the endless gratitude of society ; that of 
restraining judges from usurping legislation. . . . Expe- 
rience has proved that impeachment in our forms is com- 
pletely inefficient. A regard for reputation and the judgment 
of the world, may sometimes be felt where conscience is 
dormant, or indolence iuexcitable." 

Story also recognized as the High Court of Appeals of 
our country, " its intelligence, its integrity, its learning 
and its manliness." 

In addressing myself to these, I followed my convictions 
of duty ; being true, to which I felt that I was true to Bos- 
ton. — I was happy moreover in the certainty that even so 
humble a voice as my own, when speaking for the purity and 
dignity of the Judiciary, had the cordial support of the 
members of every " healthy political organization " in the 
Republic. G-. S. 

Boston, 1st August, 1859. 



ORATION. 



Eighty-three years have passed since the delegates 
of thirteen feeble colonies proclaimed the immortal 
truths of that Declaration to which we have just 
listened. This act, pregnant with consequences to 
all mankind, stands in history as the record of the 
birth of a new nation. 

In 1776 the great powers of Europe were at 
peace, and England was at full liberty to throw on 
our shores the whole force of her arms. 

In the great contest which ensued — a contest for 
self-government and for the equal rights of man — 
perils were encountered and sufferings endured, which 
we, calmly enjoying their fruits, remember with grati- 
tude to the men who toiled for us, and with fealty 
to the principles which they proclaimed. 

The struggle was long and unequal ; and when 
the enemy succeeded in gaining possession of New 
York, the timid began to falter. All eyes were now 
turned to Europe. Delegates had been already de- 
spatched to seek the assistance of France, and their 
hopes were not disappointed. One million of francs 



14 



were given from the French treasury ; cannon and 
military stores furnished from the arsenals of France ; 
other stores to the value of a million of dollars 
placed in colonial ports accessible to our vessels ; 
and a series of friendly acts commenced which, on 
the 6th of February, 1778, were consummated in a 
treaty of alliance, and in a declaration by which 
France bound herself to make no peace with Eng- 
land until the independence of the United States 
was fully recognized. 

But it was not France alone which came to our 
aid. During that summer of '76, one of those brave 
men who were the creators of the naval glory of 
our country, Captain John Lee, of Marblehead, cruis- 
ing under a commission from Congress, having taken 
and sent home five valuable prizes, and finding it 
necessary to refit and obtain supplies and munitions 
of war, entered the port of Bilbao in Spain. The 
captains of two of his prizes and a part of their 
crews were on board. These officers immediately 
protested against their capture, and had Capt. Lee 
arrested on a charge of piracy. The local author- 
ities sent the documents of the case to Madrid, 
together with the commission granted by this new 
and unknown power. Here was a critical juncture 
in our affairs. On the decision of the Spanish Min- 
istry depended, not alone the fate of Capt. Lee, but 
whether some of the most important ports in Europe 



15 



should be opened or closed to our cruisers and pri- 
vateers. The English Minister in Spain brought all 
his influence to bear against us. At this moment 
the Declaration of the Fourth of July reached Madrid. 
The complaint against Capt. Lee was dismissed ; sup- 
plies for his ship, and aid in repairing it were fur- 
nished ; and public declaration made that in Spanish 
ports the new flag of America was as free and as 
welcome as was the old and haughty flag of England* 

This open act of friendship had been preceded by 
another. On the 27th June, 1776, the Spanish Min- 
ister of Foreign Affairs sent to Count Aranda, Am- 
bassador of Spain, in Paris, one million francs, as a 
free gift for the American Colonies ;f and on the 
11 th August this million was paid over to the agent, 
with whom Silas Deane and Arthur Lee, as delegates 
of Congress, were in treaty for the shipment of arms 
and supplies. 

But this was not all. Cargoes of military stores 
were sent to us from Bilbao ; then the hint was 



* Cooper, in his Naval History of the United States, seems entirely to 
have overlooked this interesting episode. Captain Lee was a brother of 
Colonel William Lee, for many years Collector of Salem, the same to 
"whom Washington proposed the place of Adjutant General of the Rev- 
olutionary Army, before offering it to Colonel Timothy Pickering. Silas 
Deane, in his despatch of 17th October, 1776, to the Committee of Secret 
Correspondence of Congress, erroneously describes Captain Lee as of New- 
buryport. — See Diplomatic Correspondence of the Revolution ; vol. I., p. 53. 

fl have seen the despatch of the Marquis of Grimaldi to Count Aranda, 
enclosing this draft for a million francs. 



16 



given that three thousand barrels of powder stored 
at New Orleans were at our service ; * the port of 
Havana was opened to us on the same terms as to 

* The despatches of Oliver Pollock, the agent of Congress at New 
Orleans during the war, which are in the archives of the Department 
of State at Washington, throw the fullest light upon what was done by 
the Spanish Government in Louisiana. 

As early as August, 1776, a cargo of powder was given by Governor 
Unzaga, despatched by Pollock, and arrived in safety. In January, 1777, 
Don Bernardo de Galvez succeeded Unzaga as governor. 

" That worthy nobleman," writes Pollock, " immediately made a tender 
of his services, and gave me the delightful assurance that he would go 
every possible length for the interest of Congress. I should be guilty of 
injustice did I not declare that this generous promise was honorably ful- 
filled ; and I should bely my own heart if I did not on this, as on every 
other proper occasion, express my grateful sense of the services he has 
rendered to the United States. The first instance of them was retaliat- 
ing the seizure of an American schooner in the lakes, by the seizure and 
confiscation of all British vessels between the Balize and Manchac, . 
and by an assurance that the port of New Orleans should be open and free 
to American commerce, and to the admission and sale of prizes made by 
their cruisers." 

Pollock not only sent military stores presented to Congress by the 
Spanish governor, but also made purchases of supplies amounting to 
$65,814, for the State of Virginia, and sent them by batteaux to different 
points on the Ohio. His drafts, authorized by Governor Patrick Henry, 
came back protested, placing him in the greatest embarrassment, from 
which he was generously relieved by Don Bernardo de Ottero, the Spanish 
Treasurer of Louisiana. 

The course of events at New Orleans, under the brilliant young gov- 
ernor, Bernardo de Galvez, whose name a city of the United States now 
bears, is described in papers in the Archivias de las Indicts, and has more 
than the interest of romance. A somewhat tardy recognition of his aid 
to us is found in a despatch written by order of Congress on the 21st 
November, 1781. This despatch, signed by Robert Morris, addressed to 
General Don Bernardo de Galvez, says: 

" I am directed by the United States to express to your Excellency the 
grateful sense they entertain of your early efforts in their favor. Those 
generous efforts gave them so favorable an impression of your character 
and that of your nation, that they have not ceased to wish for an inti- 
mate connexion with your country." 



17 



France, and the further hint given that if an Amer- 
ican ship should look in there occasionally it would 
find the door of a certain magazine open, and some- 
thing in it useful to the Colonies. 

Nor was this the end of Spanish favors. Blankets 
for ten regiments were sent as a present to Congress, 
through John Langdon, of Portsmouth ; ship loads 
of stores were despatched through the house of Gardo- 
qui, at Bilbao ; and when John Jay appeared at 
Madrid as Minister of the new States, without any 
provision being made by Congress for money to pay 
even his house rent, another gift of $150,000 was 
made to him for us. 

More yet. Though the declaration in regard to Capt. 
Lee was the earliest act of recognition by any power 
except France, Spain abstained from making a treaty 
with our Minister, for the very excellent reason that 
to do so would have been tantamount to a declara- 
tion of war against England, for which she was not 
prepared. But that eminent man who, on the 19th 
February, 1777, took the reins of power in Spain, 
Florida Blanca, was not idle. He immediately com- 
menced building new ships and arming those already 
built — the annual expenses of the navy, usually 
about one hundred million reals, or five million 
dollars, were suddenly raised to twenty million dol- 
lars — and, in the spring of '79, thirty-six ships of 
the line, mounting more guns than any fleet she 



18 



ever had, being ready for sea, she declared war 
against England. This immense fleet, of which seven 
were three-deckers, of 100 to 120 guns, (our solitary 
three-decker, the Pennsylvania, has never yet got to 
sea), this immense fleet joined the French fleet, 
sailed to attack the common enemy, and during that 
and the succeeding year intercepted the troops and 
supplies which had been sent to aid in our conquest. 

Florida Blanca did not stop here, but, while en- 
gaged in his naval preparations, made a treaty with 
the Emperor of Morocco which closed his ports to 
the English. He also opened relations with Hyder 
Ali in India, and fomented the war which that pow- 
erful prince maintained against England. Benjamin 
Rush, writing shortly after to General Gates, says, 
"Heaven prosper our allies! Hyder Ali is the stand- 
ing toast at my table." Florida Blanca did not rest 
content with this, but used all the wiles of diplo- 
macy and all the force of Spain, to make difficulties 
for England in every part of the globe. When we 
are disposed to stretch the hand of covetousness to- 
ward any possession of now weakened Spain, let us 
remember the helping hand she gave to us in our 
hour of suffering and of peril. 

But the labors of Spain did not end with this. 
England, driven to desperation, used all her arts to 
draw the northern powers into her alliance, and 
with Russia succeeded so well that orders were issued 



19 



to fit out fifteen ships of the line at Cronstadt, and 
the intimation was given by the Empress Catharine 
to Sir James Harris, afterwards Lord Malmesbury, 
that this fleet would soon be ready to aid England 
in her contest.* British Ministers announced the joy- 
ful fact, and one of their journals, even before the 
ice was open in the Baltic, declared that the Russian 
fleet had already arrived at Plymouth. 

In one week all this was changed; and there sud- 
denly appeared in the spring of 1780, the important 
declaration of Russia that led to the armed neu- 
trality, which has been called by writers on inter- 

* On the 5th Nov., 1779, George III. wrote to the Enipi-ess Catharine: 
" The lively interest which you take in all that concerns Great Britain de- 
mands my thanks. In this, as on so many other occasions, I have admired 
the greatness of your talents, the extent of your knowledge, and the no- 
bility of your sentiments. . . . The designs of my enemies will not 
escape your penetration. . . . The use, or the simple show, of a part 
of your naval force, would restore and assure the repose of all Europe by 
dissipating the league which is formed against me." 

On the 11th January, 1780, " another sop," (to use the language of the 
3d Earl Malmesbury, in vol. 'I., p. 269, of his grandfather's writings,) "was 
given to the empress." On the 19th January, Sir James Harris handed to 
Prince Potemkin a memoir, written to show that, should the allies prevail 
against England, America would supply France with hemp, pitch, timber, 
&c, to the detriment of Russian trade. 

" On the 2 2d February, 1780," says Harris, "Prince Potemkin sent for 
me, and with an impetuous joy, said, ' I heartily congratulate you ; orders will 
be given to arm fifteen ships of the line and five frigates ; they are to put 
to sea early in the spring. . . . It is entirely owing to what you have 
advanced. . . . Your nation may consider themselves as having 
twenty ships added to their fleet. ... I am just come from the em- 
press ; it is by her particular orders I tell it to you.' He ended by desiring 
me to despatch my messenger immediately, expressing his impatience for 
this event being known in London." — Malmesbury ; Diaries and Corres- 
pondence, I., 279. 



20 



national law, "the charter of the liberty of the 
seas." By this, the empress declared that her fleet 
was fitted out, not to aid England, but to maintain 
the principles: that free ships make free goods — 
that the neutral flag covers enemies' property — and 
that no blockade which was not maintained by an 
effective force, no blockade made merely by the 
London Gazette, would be recognized as valid. 

John Adams, then Minister at the Hague, saw at 
once the whole force of this step, and, in a despatch 
to Congress, said: "A declaration of war against Eng- 
land, on the part of Russia, could not have been 
more decisive," — and again, "the pretended preem- 
inence of the British flag is now destroyed." "Rus- 
sia now will never take part with England, and all 
the maritime powers must either remain neutral or 
join against her." 

In the House of Lords a wail of despair was 
set up. "I shudder," said the Earl of Shelburne, 
"when I think of this Russian manifesto; by it the 
independence of America is consummated;"* and 



* " The doctrine," said Earl Shelburne, " of ' free ships, free goods ' at 
once destroyed the law of nations as it had remained for many centuries ; 
but that was not all ; it must terminate in the ruin of Britain, at least in the 
overthrow of her naval power. ... If France and Spain could trans- 
port their property to and from the western world in free because neutral 
bottoms, it was to the last degree ridiculous to say or believe that Great 
Britain could possibly be able to cope with the united force of the House of 
Bourbon. . . . Then farewell for ever to the naval power and glory of 
( rreat Britain ! " — Parliamentary History, XXI., C29 et seq. 



21 



Lord Camden declared that "the queen of the seas 
was deposed, and her sceptre fallen!" 

Desperate efforts were made by British Ministers 
to meet the emergency. Appeals were addressed 
to Denmark and Sweden, but without effect; and, 
during this year, 1780, Sweden, Denmark and Hol- 
land, joined in the league with Russia, which was 
in its effects a league of hostility to England. Hol- 
land also soon joined in the war; so that on one 
side stood England solitary and alone, — on the other, 
using all their forces against her, the United States, 
France, Spain, Hyder Ali, Holland; while all the 
northern powers were armed, nominally neutral, but 
really hostile to her autocratic pretensions. 

One of our wisest statesmen, John Adams, ex- 
claimed a few years later: "We owe the blessings 
of peace not to the causes assigned, but to the armed 
neutrality." And who was the real author of the 
armed neutrality? Who conceived that act, and who, 
by his ingenuity and indefatigable perseverance, led 
Russia and with her the northern powers to adopt 
it? — Florida Blanca, the Minister of Spain. And to 
him and to his country, I here render the honor, 
with all the more pleasure that this has not usually 
been done, and that the documents which establish 
their claim to it are in my possession. 

For such aid as the armed neutrality gave us — 
again we have to thank Spain. 



22 



With all this inequality of force the war still 
went on. Constant efforts were made by England 
to induce the Colonies to return to their allegiance; 
and, to their shame be it said, men were found ready 
to listen to her propositions ; men who seduced by 
the hope of rewards, and by the promise of office 
for themselves or for their sons, consented to sneer 
at and to deny the principles of the Declaration. It 
was after intercourse with such men, that the intelli- 
gent agent of one of our allies wrote home to his 
government that there was more real enthusiasm for 
American liberty in the smallest cafe in Paris, than 
in a large portion of the society which he met. 

Again and again were terms offered by England 
to Spain and to France, but the constant reply was, 
a refusal to treat until we were free. 

Peace and freedom were at length secured; and 
from that time, through various vicissitudes and diffi- 
culties, our country, — by confidence in democratic 
princi]3les, by faith in the people, and by the spirit 
of mutual forbearance and charity among them, — has 
gone on prospering and increasing, till in material 
force it stands among the mightiest; and, did we 
but always act up to the immortal truths of the 
Declaration, would, in moral force, be the mightiest 
of the earth. 



While the old world, to which we turned for suc- 
cor against our unnatural parent, is echoing to the 
clang of arms, and hostile legions stand arrayed for 
combat, 

" We may live securely in our towns ; 

We may sit 
Under our vines, and make the miseries 
Of other nations a discourse for us, 
And lend them sorrows ; — for ourselves, we may 
Safely forget there are such things as tears." 

But it is not in man to be indifferent. The en- 
during sympathies of our nature demand an object ; 
and besides, our early ties to France must make us 
feel a special interest in her actions and destiny. 
What, then, is the object of the war in which she is 
engaged, and what responsibility have we in the con- 
test? 

The actual war between Italy and France on one 
side, and Austria on the other, is but the continua- 
tion of our own struggle on another field — the strug- 
gle for independence, equal rights and self-govern- 
ment. How far these may be secured by the present 
contest is very uncertain ; but there is no uncertainty 
in this, that our wannest sympathies are due to all 
who strive for them. 

In the present case these sympathies are augmented 
by a remembrance of all we owe to Italy — that 
beautiful country which the Apennines divide, the 



24 



Alps and sea surround — Italy, which has given us 
so much of all that adorns and elevates life ; the 
home of art, of science, of medical skill, of political 
knowledge; of Galileo, Raffael, Michael Angelo, of 
Fallopio and of Volta; the land which in modern 
times has given us the earliest epic poet, Dante; 
the great lyric poets, Petrarch and Filicaia; the 
earliest novelist, Boccacio ; the first philosophical his- 
torian, Machiavelli ; and the founder of the philosophy 
of history, Vico, whose great mind has brought to 
the development of political science and the laws of 
the moral world the same precision that Galileo had 
brought to those of the material world. 

To Italy we owe the mariner's compass, the bar- 
ometer, book-keeping, the telescope applied to astron- 
omy, the calculation of longitudes, the pendulum as 
a measure of time, the laws of hydraulics, the rules 
of navigation : and to Italy we owe both Columbus, 
who discovered, and Amerigo Vespucci, who gave 
his name to our country. 

To Italy we owe also some of the most important 
lessons of political philosophy. Her Republics of the 
middle ages were based on the three great principles : 

1st. That all authority over the people emanates 
from the people. 

2d. That power should return at stated intervals 
to the people. 



3d. That the holder of power should be strictly re- 
sponsible to the people for its use * 

To those Republics we also owe the practical de- 
monstration of the great truth, that no State can 
long prosper or exist where intelligent labor is not 
held in honor, and that labor cannot be honorable 
where it is not free. 

Our sympathies are augmented by a remembrance 
of all this, and by the natural horror inspired by 
Austria — to whom civilization for three hundred and 
thirty years owes nothing, — whose whole career, both 
at home and abroad, has been a series of blackest 
crimes against the political rights of States, and the 
individual rights of man, — and who is now under the 
despotic control of an emperor, himself a deplorable 
example of the union of youth and cruelty. 

But there are some, happily their number is small, 
who, having no faith in the people, look with indiffer- 
ence upon their efforts, — and others who try to cloak 
the selfishness and imbecility with which nature has 
endowed them, under an assumed superiority over 
the people of other countries, — who tell us that 

* " The whole system of Italian liberty is represented in these three 
axioms. In fact the Italian republics were freer than those of Germany, 
than the imperial and Hanseatic cities, than the Swiss Cantons, than the 
United Provinces, perhaps even than the republics of antiquity. All these 
had sought, not the security, but the sovereignty of the citizens ; not to pro- 
tect the citizen against the government, but to create a government to the 
power of which, with a blind and unlimited confidence, they neglected to 
fix any bounds." — Sismondi, Hitfoire des Republiques Italiennes, XVI., 394. 

4 



no 



other nations are not fitted for free institutions, — who 
seem to think that they have a patent for freedom, 
and an exclusive right to enjoy it, — that they are 
God's chosen people, and that all others are made 
only to be ruled by tyrants. 

Others, again, who have a sense of natural right, 
and common sense besides, but whose natures are not 
hopeful, point to the example of France, and in her 
failures to maintain a stable republican government, 
find, as they imagine, the justification of all their 
misgivings. As the events now passing in Italy must 
produce a recoil in France, and as the power of self- 
government in Italians will by some be judged of by 
that exhibited by the French, it may be well to look 
for a moment at this. 

It is only stating what many wise French writers 
have admitted, that their Revolution of 1789 was 
brought on by our own. Before '76, the labors of 
Fenelon, Montesquieu, Turgor, and other French phi- 
losophers, had developed ideas upon the rights of man, 
and the science of government, which, to this day, 
stand as the landmarks of an advancing civilization. 
They had all asserted the natural rights of man, and 
all recognized that nations had rights flowing directly 
from these, and not drawn from old charters or from 
musty parchments. With this there was, on their 
part, a large and generous appreciation of the rela- 



27 



tions which should subsist between different coun- 
tries. 

Montesquieu had laid down the proposition, for 
which he is sharply attacked by Lord Brougham, that 
" the whole system of international law is a set of ob- 
vious corollaries to a maxim in ethics — that in war 
nations should do as little injury, and in peace as 
much good to each other, as is consistent with their 
individual safety." 

Turgot, the great statesman, whose Latin inscription 
for a memorial of Franklin* has been adopted by the 
city of Boston — - and who may be called the father 
of free-trade — Turgot had labored for three great 
objects : 

1st. To check religious intolerance. 

2d. To reduce, and finally suppress, standing armies. 

3d. To establish free trade. 
And the whole political code of this hard-headed, 
practical statesman and successful financier, may be 
summed up in his declaration that " when called upon 
to decide if any measure were useful for France, the 

* Turgot's first inscription was in French verse : 

Le voila ce mortel dont Pheureuse industrie, 
Sut enchainer la Foudre et lui donner des loix, 
Dont la sagesse active et Peloquente voix, 
D'un pouvoir oppresseur afTranchit sa Patrie, 
Qui desarma les Dieux, qui reprime les Rois. 
Which, subsequently, he condensed into this admirable line : 
Eripuit Coelo fulmen, sceptrumque Tyrannis. 

Oeuvres de Turgot, IX., 140. 



28 



question must first be asked, Is it useful for all man- 
kind? for whatever temporary advantage may appear 
to accrue from acting on a different principle, noth- 
ing in the long run can be good for one nation which 
is not good for all." 

These philosophers turned their eyes toward Eng- 
land, as then offering the only example in the 
world of a certain degree of liberty; this they rec- 
ognized in the independence of her judiciary and 
in the grand principles — fortunately our heritage — 
which guided it. The words of Algernon Sidney 
were familiar to them : " Common sense declares that 
governments are instituted, and judicatures erected, 
for the obtaining of justice. The king's bench was 
not established that the chief justice should have 
a great office, but that the oppressed should be re- 
lieved, and right clone. The honor and jDrofit he 
receives, come as the rewards of his service, if he 
rightly perform his duty." And again: "The power 
with which the judges are entrusted is but of a 
moderate extent, and to be executed bona fide. Pre- 
varications are capital, as they proved to Tresilian, 
Empson, Dudley, and many others." * 

No passage from Sidney was more frequently re- 
ferred to than this : " They who uphold the rightful 
power of a just magistracy, encourage virtue and 

* Sidney ; Discourses on Gocernment, chap, iii, see. 26. 



29 



justice; teach men what they ought to do, suffer, 
or expect from others; fix them upon principles of 
honesty ; and generally advance everything that tends 
to the increase of the valor, strength, greatness and 
happiness of the nation, creating a good union among 
them, and bringing every man to an exact under- 
standing of his own and the public rights. On the 
other side, he that would introduce an ill magis- 
trate, make one evil who was good, or preserve him 
in the exercise of injustice when he is corrupted, 
must always open the way for him by vitiating the 
people, corrupting their manners, destroying the val- 
idity of oaths and contracts, teaching such evasions, 
equivocations and frauds, as are inconsistent with the 
thoughts that become men of virtue and courage."* 
The declaration of Chief Justice Lee was also cited 
by them with admiration — "One rule can never vary 
in our courts, viz., the Eternal rule of Natural Jus- 
tice."! 

Montesquieu had shown in his great work that 
the separation of powers, judicial, executive and legis- 
lative, was the basis of all free government ; and, 
acting upon this, much had been done, even before 
'89, to improve the administration of justice. 

* Ibid, chap, iii, sec. 20 : III, 129. Edit. 1805. 

f These words of C. J. Lee will be found in the case of Omychund v. 
Barker, Atkyns' Reports, I, 46. 



;o 



The Constitution of '89 gave to France self-govern- 
ment, and recognized the sovereignty of the people. 
No honest man had anything to fear from this Con- 
stitution, but all who lived by oppression and wrong 
were filled with dismay. The Christian doctrines of 
Turgot and Montesquieu, and the principle that gov- 
ernments were made for men, and not men for gov- 
ernments, shook the despotic thrones to their base. 
Their trembling occupants conspired at Mantua and 
Pilnitz, and formed a league to crash the constitutional 
government of France. 

In August, 1792, the armies of despotism arrived 
on the frontier, threatening to overturn that govern- 
ment, and, if opposed, to reduce Paris to ashes. Then, 
in the fear and frenzy which ensued, began those 
acts of violence which have left a stain upon the 
French Revolution. " Nothing," says one of the most 
conservative writers upon international policy, " can 
ever justify one State's interfering with the internal 
affairs of another; and the worst of mischiefs (the 
execution of those who have aided it) must ever be 
the result of such interference ; " and it is to this 
infamous and unprovoked attempt to interfere by 
arms with the internal affairs of France, that we 
must trace the death of Louis XVI., and all the 
violence and all the difficulties which followed it. 

France had done nothing to provoke interference ; 



31 



and, left to herself, might and probably would have 
organized and sustained a good government. This 
assertion I boldly make, conscious that it does not 
accord with what some of us have been tauerht. The 
enemies of liberty have not scrupled on every occa- 
sion to distort the truth, and have even on one occa- 
sion found an accidental ally in a President of the 
United States. 

Mr. Millard Fillmore, in the last annual message he 
sent to Congress, says that France showed a desire 
to force her form of government upon all the world, 
and points to a decree of her Convention, declaring 
she was ready to succor oppressed nations struggling 
for liberty, as the false step which brought against 
her the coalitions and armies of Europe. Had Mr. 
Fillmore but looked at the facts, he would have found 
that the provocation to hostilities came not from 
France, but from the despotic confederates ; and that 
the decree in question, at the same time that it 
showed a generous spirit, was also a measure of self- 
defence. The Convention of Mantua was signed 20th 
May, 1791 ; that of Pilnitz the 29th August, 1791 ; 
and it was not until the 19th November, 1792, after 
the actual invasion of France, and eighteen months 
after the first coalition against her, that the Con- 
vention voted the decree which President Fillmore 
leads us to infer was the cause of that invasion and 



32 



of that coalition; the cause, in presidential logic, 
coming eighteen months after the effect* 

But there are too many who speak of France, not 
with any accurate knowledge of facts, but with reck- 
less assertion, and a seemingly wilful blindness to truth 
and to principle. 

This is not the place for long dissertations, but a 
candid examination of facts will show that the French 
people have never yet had a fair chance. From 1792 
to 1830, the prolonged pressure upon France of des- 
potic Europe, under the lead for a long time of 
England, prevented her from forming a good govern- 
ment. The revolution of 1830 secured the rights of 
only 240,000 ; the thirty-six millions of Frenchmen 
being declared by Guizot to be no part of the -- lawful 
country."-)* The revolution of 1848 made of these 
outlaws citizens, and they marked their possession of 
power by securing to France three thousand new 
school houses — by giving her cheap postage — by 
making all bondmen in her colonies free — and by 
placing for two years her budget in equilibrium. Dur- 
ing the eighteen years of Louis Philippe's reign the 



* A statement of Lord Brougham has led many persons into this same 
historical error. " The famous decree of 19th November, 1792, was a main 
cause of the dreadful 'war -which so long laid Europe waste, and overthrew 
so many established governments." — Brougham VIII., 79. But the invasion 
of France took place some time before this decree. 

f " Je ne connais que le pays Jtgal." Guizot — Speech in the Chamber of 
Deputies. 



33 



expenses had been every year fifty million dollars 
more than the receipts, while under Louis Napoleon 
the annual deficit has been upwards of one hundred 
million dollars. To the Republican government of 
1848 belongs the exclusive honor of having, for two 
years, kept its cash account square. 

This government fell, through the perjury of an 
usurper, and through the passive obedience of a stand- 
ing army — an army which despotic coalitions had 
taught France to regard as necessary for her safety. 

Before we revile the French people for having per- 
mitted this usurpation, let us remember that it was 
not accomplished without a bloody resistance, and 
that the people in the provinces showed the spirit of 
self-government which was in them, by refusing for 
a long time to submit to the dictation of the capital. 

Let us remember also that our own Congress, sit- 
ting in Philadelphia, was in 1783 dispersed by armed 
invaders of its Hall, and took refuge in another city. 

Let us again remember that on this very day, three 
years ago, an assembly of the people in a territory of 
the United States, peacefully discussing the formation 
of their institutions, was dispersed by the bayonets 
of the Federal army. 

One of the most acute and learned of living Ameri- 
can publicists — worthy son of worthy sires — Mr. 
Charles Francis Adams, in the admirable notes to the 
writings of his grandfather, suggests the single legis- 

5 



34 



lative assembly as one great cause of the want of 
stability of Republican forms in France • and, in regard 
to the Italian Republics of the middle ages, he alludes 
to the absence of a respect for the rights of the 
minority as one of the latent causes of their down- 
Mi. This same observation upon the minority has 
been applied by others to France. 

It may not, perhaps, be generally known that the 
adoption of a single chamber in France was due, in a 
great degree, to the labors of our own philosopher and 
statesman, Franklin. As President of the State Con- 
vention of Pennsylvania, he had secured the adoption 
in their constitution of a single chamber — in his 
writings he had praised it — and the Committee of 
the French National Assembly, La Rochefoucauld, 
Sie}^es, Mirabeau and others, give to Franklin the 
honor of having aided them, as they say, " to clear 
the legislative machine of its multiplied movements 
and much praised balances, which made it only com- 
plicated and cumbersome ; " and this opinion of Frank- 
lin was also relied upon in the adoption of the Re- 
publican Constitution of 1848. While admitting the 
error in this, we may surely pardon something to 
those who have been led astray by faith in our own 
great men. 

In regard to the rights of minorities, every revolu- 
tion in France has shown an increasing respect for 
them on the part of the people ; and in the most 



35 



violent popular clubs of 1848, were heard words like 
these : " We ask no exclusive legislation for ourselves; 
on the contrary, let us remember always to guard the 
rights of the minority ; as the law of civilized States 
throws its tutelary protection with special force over 
minors and wards, so let us, being in power, remember 
that the defeated minority are our wards, and that we 
are their responsible guardians." Compared with a 
sentiment of high and generous statesmanship like 
this, coming to us though it do from a " red repub- 
lican " club in Paris, what an ignoble contrast is pre- 
sented by that cry of demagogues — that Indian war- 
whoop of party leaders — "to the victor belong the 
spoils." 

Under all recent governments in France, the spirit 
of inquiry in her people has remained ever active, 
and the character of her judiciary generally unspotted. 
The reply of President Seguier to an improper de- 
mand of power will be recalled : " The court renders 
judgments, not favors." Under the first Napoleon, some 
of the courts, it is true, degenerated ; but the Paris bar 
has punished, by remembering, the judge whose often 
repeated formula was : Eempereur a dit, et je vons le 
repete — " the emperor has said, and I repeat it " — 
and one of the declared reasons for the overthrow of 
Napoleon was, that he had " confounded all powers, 
and destroyed the independence of the judiciary." * 

* See the Senatus Consultem of April, 1814, See. VII. 



36 



Every change in France has shown a higher de- 
velopment, a larger education, and a greater power 
of self-government on the part of her people. It has 
taken England some six hundred years to bring her 
parliamentary machine into its actual state; and yet, 
only four years ago, the husband of Queen Victoria 
publicly stated, at the Trinity House dinner, that it 
must be regarded as still on trial. Let us not, then, 
question the capacity of the French, or the Italian, or 
the German people, simply because they may fail to 
achieve in six months what England has worked upon 
for six centuries. 

But, we are told that Italy will only change its 
master, and that France will take the place of Aus- 
tria. It is not the interest of Louis Napoleon to re- 
main in Italy, nor is it possible, under any circum- 
stances, for France to degrade herself to the level of 
Austria. 

The career of the elder Napoleon in Italy, which 
was such as to cause his name to be still revered 
there, may here be safely appealed to. Industry was 
awakened and encouraged, schools founded, the sci- 
ences stimulated, and academies organized by him 
who had destroyed them in Paris. The courts were 
changed, and in place of a system which favored and 
even required servile and corrupt judges, one was 
installed which led to the impartial administration of 



37 



justice. The armies of France, under Napoleon, 
brought to Italy some of the fruits of the revolution 
of '89. If the worst predictions of the enemies of 
the war should be fulfilled, and Italy gain by it only 
a French master, it would still, judging by the past, 
be a change from darkness to light, from a govern- 
ment of the most loathsome brutality to one of 
comparative civilization. 

And here let me say, that if I seem to speak 
harshly of the Austrian domination in Italy, it is 
because, with my own eyes, I have seen its effects. 
I will not sadden this day by the recital of atroci- 
ties, the remembrance of which, even at this dis- 
tance, chills my blood. To me it seems incredible 
that any one can be found ready to defend the gov- 
ernment which practises them. 

Nor has Italy received anything from Austria in 
exghange for all her sufferings. The well made roads, 
which are pointed out to the stranger, were nearly 
all the work of Italian engineers during the time of 
Napoleon; but even if some material improvement 
had been made, it would be as nothing compared 
to the immense amounts Austria has drawn from 
Lombardy, by forced loans and by crushing taxation. 
About fifty per cent, of the revenue of land-owners 
goes to the Austrian treasury; "and all we get in 
exchange," said a Lombard to me, " is, once a week, 
the music of an Austrian regiment." 



But give Italy a fair chance. Take from her the 
incubus of Austria. Take away those bayonets, with 
which, through a blind reverence on the part of 
other States, for existing abuses and the balance of 
power, Austria has been allowed to transpierce her. 
"Let the thief and the receiver, the murderer and 
the robber be no longer suffered to play the part of 
watchmen" in Europe, and no one can doubt the 
result for Italy. 

It does not follow that a perfectly balanced gov- 
ernment will leap at once into life. Difficulties of 
internal organization doubtless will arise. Mazzini 
will strive for a united, central republic, while others 
will be glad to place themselves under the constitu- 
tional system, which has developed statesmen like 
Cavour and Azeglio, to plan their wars and alliances, 
and brave captains like Victor Emanuel, to lead 
their armies. These differences of opinion will cre- 
ate discussion, into which, perhaps, excited feeling 
will sometimes enter; our own conventions will have 
set them the example; but to all prophets of evil 
it is sufficient to say, that the Italian people have 
the perfect right to judge of their own institutions, 
and if they find pleasure in it, to wrangle over them. 
They may, perhaps, think that nothing is so good 
as the jar of a constitutional discussion to shake up 
the stagnant elements of a slumbering society. Look- 
ing from a distance, if we might venture to express 



39 



desires upon a matter which exclusively concerns 
the Italian people themselves, it would be that, with 
some changes in the actual boundaries of States, 
representative institutions, securing the largest lib- 
erty, should be founded in each of them, and a cen- 
tral federative government be created to administer 
such powers as the several States should confide to 
it. 

The " United States of Italy " thus formed would 
satisfy the love of unity, so strong in the Italian 
heart, while the State organization would give full 
play to that spirit of local and municipal liberty, 
which, in former days, was so fully developed in the 
Italian Republics. 

The great work of this war would however be 
very imperfectly done, if it stopped with the libera- 
tion of Italy. Already in 1848, the unaided Italians 
having taken Peschiera, and driven Austria under 
the walls of Verona and Mantua, which, for some 
time to come, will probably be her stronghold, she 
offered to treat with France and England as medi- 
ators for the surrender of Lombardy, provided the 
new State would assume a portion of her enormous 
debt. 

If nothing be clone now but to rescue Italy, and 
peace be then made with Austria, that peace can be 
only a truce ; for we may expect, in a short time, 



40 



to see her return to her old course, and again, by 
her outrages, disturb the civilization of the world. 

After Italy is secured to freedom, there still re- 
mains Hungary. 

This country, whose constitution goes back almost 
to the date of Magna Charta, and which had pre- 
served its political independence, though exposed to 
every species of encroachment from the Austrian 
archdukes, whom, in an evil hour, it had invited to 
its throne ; this country, so brave and so unfortunate, 
merits all our interest, for it is the home of heroes, 
and of self-sacrificing, honorable men. 

Some five and twenty years ago, several Hunga- 
rian noblemen visited the United States, travelled 
throughout the country, and had the good fortune 
in Boston to form an intimacy with a gentleman 
whose views upon European questions were as en- 
lightened as his general knowledge was varied and 
profound — Mr. Alexander H. Everett. On their re- 
turn to Hungary, one of their number, Farkas San- 
dor, published, in the Magyar tongue, a book pointing 
out the working of our institutions ; and, while ren- 
dering thanks to Mr. Everett for the counsels received, 
recommending the policy of the Northern States as 
an example for Hungary. The German translation 
of this work was prohibited by Austria, but the Hun- 



41 



garian edition had already gone beyond the reach 
of her police. The effect of the excursion to Amer- 
ica was soon apparent. At the next session of the 
Diet, Baron Wesselenyi, Count Bathjany, and others 
of the travellers and their friends, proposed a series 
of measures tending to the abolition of those feudal 
privileges which divided the Hungarian people into 
hostile classes, and proposed at once to lay down 
their titles and their power for the common good. 

Austria now took the alarm. She had always pre- 
tended to be the friend of the peasants against the 
nobles, — but when the nobles proposed to give up 
their privileges and emancipate the serfs, she then 
used all her power to oppose them. There was a 
deep and wicked policy in this; it being the aim of 
Austria to keep up such a hostility between classes, 
such a war between capital and labor, that she might 
be able at some time to completely subjugate Hun- 
gary, by calling upon the peasants to cut the throats 
of the land-owners. And this, in the spring of 1846, 
she actually did, in the neighboring province of 
Galicia. 

Shortly after, two men appeared upon the scene, 
Count Stephen Sechenyi and Louis Kossuth. Sech- 
enyi sought the advancement of Hungary through 
material improvements ; Kossuth sought it through 
the education of the people, and by awakening in 
the minds of the more fortunate classes of society 



42 



a sense of their duties. By securing to the peas- 
ants the right of voting for a delegate to repre- 
sent their villages at the general election, — thus 
bringing home to them the practice of free insti- 
tutions, without, however, creating such a mass of 
new voters as would suddenly disturb the general 
result, — by settling the eternal question of capital 
and labor, and making the holders of each clearly 
understand that their real interests are reciprocal ; 
by these and kindred measures — which prepared 
the way for that larger liberty secured to all classes 
during the constitutional ministry of Kossuth — that 
eminent orator and tribune showed himself in Hun- 
gary to be a great, practical, conservative statesman. 

The Emperor of Austria having called in foreign 
troops to put down the legal government of Hun- 
gary, and having neglected to take the oath of 
allegiance to her Constitution, which the compact 
between the Hungarian nation and the Dukes of 
Austria made the indispensable preliminary to any 
act of sovereignty on his part, the Diet, in the 
name of the people of Hungary, on the anniversary 
of the battle of Lexington, 1849, declared that all 
connection between them and the house of Austria 
was dissolved. 

The noble struggle made by the Hungarian peo- 
ple is still fresh in your memories. The forces of 
despotism were too strong, and their country fell- 



43 



Had any other State recognized their independence, 
it would have enabled them to contract a loan, and 
to purchase the arms necessary for the contest. Our 
own Congress was unable to contract any loan un- 
til our independence had been recognized in Europe. 
To the eternal honor of Mr. Clayton, then Secretary 
of State, a commissioner was despatched with full 
powers to enter into negotiations with the new gov- 
ernment; but he, alas! arrived too late. 

England looked calmly on while a government 
similar to her own was destroyed by foreign arms. 
Had she, in the summer of 1849, opened relations 
with the constitutional government of Hungary, 
which she could have done without shaking any 
existing right ; without even giving any just cause of 
disturbance to " those finical personages who," in the 
words of an English peer, himself a negotiator, "have 
brought a sort of ridicule upon the name of diplo- 
macy ; " had she then taken her stand upon the 
Pragmatic Sanction of 1723, and upon the corona- 
tion oath of the last king — both which documents, 
duly filed away in red tape at the foreign office, 
make part of the public law of Europe, and by 
both which the Austrian sovereigns recognize the 
political independence of Hungary — had she done 
this, she might have spared herself all the sacri- 
fices of her war in the Crimea, and all the embar- 
rassments of the present contest. 



44 



Then there might have been at the present mo- 
ment a great Constitutional State, on the banks of 
the Danube, having municipal institutions which se- 
cured local rights, and a population accustomed to 
constitutional forms, and to liberty founded on law. 
Here would have been a nucleus round which the 
different provinces of Turkey might have clustered, 
as they dropped away from her corrupt body; and 
Hungary, Transylvania, Valachia, Moldavia, Servia, 
Bosnia, and Bulgaria have formed the "United States 
of the Danube," — a grateful and efficient ally for 
England. But the blind admiration for Austria on 
the part of the English aristocracy, strengthened by 
the labors of Metternich, then in London, would not 
permit this recognition. 

" Of all the subjects which can come before the 
people at large," says Lord Brougham, in one of 
his political essays, "the foreign policy of the State 
is the one on which they the least deserve to be 
consulted. Their interests are most materially affected 
by it, no doubt, for on it depends the great ques- 
tion of peace or war. But the bearing upon their 
interests of any particular operation is far from being 
immediate, and a measure may be most necessary 
for securing the peace, even the independence of 
the nation, and yet its connexion with these great 
objects be far too remote for the popular eye to 
reach it." * 

* This was written in 1843. See BrougJuan's Works, vol. viii, p. 93. 



45 



The events of the year 1849 in England, offer 
a singular commentary upon this dogma of Lord 
Brougham. Then the people saw clearly the inter- 
est of England; the ruling classes did not. The 
people flooded the House of Commons with petitions 
for the recognition of Hungarian Independence ; the 
aristocracy remained idle. A few like Lord Lynd- 
hurst, the Marquis of Northampton, and the lamented 
Earl Fitzwilliam were true to themselves, and acted 
like enlightened English noblemen, but the greater 
part stood in cold indifference to Hungary, or joined 
the sharers in Metternich's Eaton Square dinners, 
in looking with delight at the triumph of her enemy. 

And what is this Austrian empire, in sympathy 
for which the ruling classes of England forget the 
interests of their country and the interests of hu- 
manity? An agglomeration of States, differing in 
nationality, language and religion, brought together 
by fraud and violence, and held by brute force, in 
subjection to a government the most infamous in 
history. 

Bohemia, the land of John Huss and Jerome of 
Prague, was annexed after a series of atrocities which 
make the Spanish Inquisition appear respectable in 
our eyes. Three million inhabitants were reduced 
to seven hundred and eighty thousand, and of thirty 
thousand seven hundred villages, only six thousand 
were left standing. 



46 



Excepting the Tyrol, the same atrocities, though 
in less degree, have been practised in every one of 
the different States; — the forces drawn from all being 
used against any one which showed a spark of lib- 
erty. As a general rule, the soldiers of each State 
have been sent to distant provinces, of the language 
of which they were ignorant, and where there was 
little probability that any relations would spring up 
to weaken the blind submission imposed on them by 
military servitude. Sometimes, as in the recent bat- 
tles in Italy, the young soldiers, torn by her con- 
scription from the soil, have been placed by Austria 
in the front rank, and fired upon from behind, did 
they shrink from slaying their friends and deliverers. 

The government of this empire has, when in dan- 
ger, constantly promised reforms in the provinces, and 
as steadily opposed reforms when the danger was 
passed. Its permanent policy has been to keep up a 
state of endless hostility between classes; to rule 
by dividing, by making appeals to the most anar- 
chical passions, by exciting to plunder, and even, as 
in Galicia, to assassination. 

This government is not an aristocracy of virtue, of 
talent, of birth nor of wealth, but of soldiers and 
bureaucrats; whose practice on many occasions has 
been the development of the principles of the most 
exaggerated communism. Property has not been 
respected by them any more than liberty; — when- 



47 



ever the treasury was empty, it has had no rights 
sacred in their eyes. 

The Austrian government has not scrupled, over 
and over again, to repudiate a large portion of its 
national debt, to cut down to one-half their nominal 
value its treasury notes, and to collect forced loans. 
All Europe would have rung with indignation had 
any of these deeds been done by a liberal government. 
The culminating outrage, however, of Austria upon 
the rights of property was perpetrated in 1852, when 
the emperor, proclaiming himself the guardian of all 
minor orphans, dispossessed the rightful guardians 
and trustees, seized upon four hundred and seventy 
million dollars — the heritage of the fatherless — and 
gave in exchange his own promises to pay. 

The personal violence committed, even in the old 
German provinces, would seem almost incredible to 
one who had not himself witnessed it. The printed 
law prohibits the flogging of women. The governor 
of one of the provinces, with whom I happened to 
be well acquainted, pointed out to me this law, which 
he had shown a few days before to an English noble- 
man who admired Austria. " Here," said the governor, 
showing me the law, " is the text, and here," handing 
me reports from the police, describing the flogging of 
two women that very morning, " here is the sermon" 

One of the greatest sticklers for existing States, 
and upholders of the actual balance of power, Lord 



48 



Brougham, speaking of the partition of Poland, has 
said, " It would not be easy to see any danger arising 
to the North American Union from that partition in 
1793-4, or the Holy Alliance in 1816 and 1820; and 
yet it is certain that the Americans had a right to 
complain of such acts being permitted, because the 
impunity of the wrong-doers gave a blow to the polit- 
ical morality of all nations, and lowered the tone of 
public principle. The United States were interested 
like all other countries, in seeing that the principle of 
National Independence was held sacred, that none 
could conspire against it with impunity."* 

If this be true, then certainly we have a right to 
protest against the conduct of Austria, which is a 
prolonged violation of the principles of national in- 
dependence, and of political and private morality ; 
and since it is now clear that it is only by this conduct 
that she lives and moves and has her being — that her 
existence hangs upon injustice and outrage — then, 
following up the reasoning of our statesman, so con- 
servative on questions of foreign policy, we have a 
right to protest against the very existence of the 
Austrian empire. 

Civilization and humanity demand that this wretched 
machine of cruelty should be broken up ; that this 
opprobrium of the nineteenth century and of the 

* Essay on General Principles of Foreign Policy. BrougJi can's Works. 
vol. viii., p. 76. 



49 



human race should be resolved into its elements — and 
the so-called emperor, with the German provinces, 
take his place, an humble archduke, in the German 
Confederation. 

Then might Galicia and Bohemia resume their 
position with the Slavonic family ; then w T ould Hun- 
gary become again free ; and then Germany, no 
longer having Austria to crush her, as in 1850, with 
the forces of States foreign to her, might awaken to 
a new life, and found a government in which liberty 
and order should be secured by making the German 
people interested in their maintenance ; a govern- 
ment in which her men of science should take their 
true position, which should not condemn to death 
her poets, nor cause her historians to pine in dun- 
geons :i: — which should not force her Humboldts to 
vote with the opposition, nor drive her Bunsens into 
political exile. Then might there be peace, and not 
merely a truce in Europe ; and the beneficent plans 
of Turgot for reducing standing armies be carried out. 

But the great obstacle to this happy consummation 
is the policy which the ruling classes in England im- 
pose upon her government. The crimes of Austria 
may be traced directly home to England, as without 
the moral support of that power she could not stand 
a twelvemonth. The traditions of the foreign office, 



* As was the case in 1850 with the poet Kinkel, and with the Professor of 
History in the Heidelberg University, Gervinus. 

7 



50 



and of the governing classes, based on the events of 
a hundred and fifty years ago, point to the house of 
Austria as the necessary ally of England. Scarce one 
of the conditions which then led to that alliance 
exists now. Thus it is ever with European policy. 
Men of genius conceive a system appropriate for a 
given series of facts ; the facts change, but formalists, 
unable to appreciate the motive of the system, move on 
in the old track to their own perdition. 

Knowing how completely her existence depended 
upon the favor of England, Austria has used all her 
wiles to retain it. Weak young Englishmen of family, 
attracted to Vienna by its cheap and facile vices, 
have been caressed and nattered. On the arrival of 
Englishmen of any political importance, immediate 
notice has been given by the police, and the hint con- 
veyed to certain adherents of the crown to treat them 
with hospitality, and to twine Austrian corkscrews 
round their hearts. 

She has also used her money successfully with a 
portion of the European press. Hence the blatant 
articles we have read upon a march to Paris. At- 
tempts have even been made in this country, but, to 
the honor of the American press, no editor has been 
found willing to soil his hands with the money stolen 
from the orphans of Vienna. 

On the great questions of the day the English 
people are perfectly sound, but the foreign policy of 



51 



England is directed by men who care but little for 
the popular sentiment; who decide questions neither 
by rules of natural right, nor by the dictates of a far- 
seeing statesmanship ; and who, be they Tories or 
Whigs, have a devotion to Austria so blind and so 
infatuated, that it can only be disturbed by the fear 
of losing their places, or the fear of bringing upon 
England a great calamity. 

And here begin our duties and our responsibilities. 
In whatever contest ensues, our sympathies should be 
with those who strive for their natural rights ; with 
those who strive to imitate us in what we have done 
of good; and to them we owe all the aid we can 
give, without directly plunging into the contest. 

No English ministry would rashly enter into a war, 
which promised to be long and complicated, without 
assuring and strengthening its friendly relations with 
the United States. This may now be regarded as a 
rule of English polity. Let us make the English 
government clearly understand that in no case, and 
in no form, can it have aid from us, in any measure 
tending to uphold the house of Austria. More, let 
us say to that government, that in such a course, she 
I shall have, at all times — and in every manner, short 
of actual war, by which we can reach her — our de- 
termined hostility. 

Let us do for the old world what the old world did 



52 



for us in our struggle for Independence. Let us, in 
favor of the right, interpose another "Armed Neu- 
trality " — a neutrality armed, not with the cannon of 
Catharine, but with the printing press and the elec- 
tric light of truth. And the mighty public opinion 
thus created, shall come to aid the English people in 
keeping their rulers in the path of duty, of justice, 
and of humanity. 

But our responsibilities do not stop here. We owe 
it to those who look to us for a model, we owe it to 
ourselves, to give them an example of good govern- 
ment ; of a government which at all times and in 
all places is true to the memories and to the prin- 
ciples of the day we celebrate; of a government 
free from corruption ; and so well balanced that it 
never permits the encroachment of any one of the 
three great branches of power upon the legitimate 
field of another. 

We have already seen that, even a century ago in 
France, the idea of civil liberty implied an independ- 
ent, but rigidly responsible judiciary, and a complete 
separation of the legislative, executive and judicial 
functions. 

It was an old rule of the Parliament of Paris that * 
no member of that court should go to the Louvre, or 
frequent the houses of princes ; and in England, with- 
out there being, as I believe, any positive rule, custom 



53 



requires that the puisne judges shall never go to the 
Court of the Sovereign. This provision is one of 
many to keep the judiciary above even the suspicion 
of making itself an instrument for despotism in the 
hands of the executive. 

In France, where the theory of institutions is more 
closely studied than in England, ample provision has 
been also made to prevent any usurpation by the 
judiciary of the functions of the legislature. 

One of the most ingenious and profound of modern 
authors — Jules Simon — speaking of the progress in 
the development of judicial institutions, even in coun- 
tries where but little progress has been made in other 
things, says: "If placed before judges a thousand 
miles from home, and called on to plead a cause, I 
know that if my cause be just, and my judges be 
honest, I shall win it; and this because the great 
principles which regulate the conduct of judges are 
everywhere the same."* 

Of these great principles, one of the most im- 
portant is that which confines the judge strictly to 
the case and point before him, which does not per- 
mit him to wander from that, and which forbids 
him, under any pretext, to make of the judicial bench 
a tripod or a stump. 

* Le Devoir, par Jules Simon. Simon, like Arago, gave up lucrative 
places under the French government, rather than swear allegiance to a 
usurper. He has just been nominated to the chair in the Institute, made 
vacant by the death of de Tocqueville. 



54 



" An opinion," said Chief Justice Vaughan, u given 
in court, if not necessary to the judgment given of 
record, is no judicial opinion ; "* and Chief Justice 
Willes says, " great mischiefs must arise from judges 
giving such opinions."-]" 

The great legal minds of France have spoken with 
even more force. "The judge," say they, "is neces- 
sarily confined strictly to the point legally brought 
before him. If he permit himself, even with good 
intentions, to wander from this — to express from the 
bench opinions upon other matters — opinions which 
it is true would have no judicial value, but which 
might have an effect upon timid and ignorant minds 
— he unfits himself for the office of a judge. He throws 
away the impartiality which he should have when a 
point, similar to that which he has discoursed upon, 
comes lawfully before him ; and he encroaches upon 
the first branch of the sovereign power — the legis- 
lative — all which is inadmissible is a well-organized 
society.";]; 

* Bole v. Horton, Vaughan's R. 382. " An extra-judicial opinion given 
in or out of court is no more than the prolatum or saying of him who gives 
it, nor can be taken as his opinion, unless everything spoken at pleasure must 
pass as the speaker's opinion." — Ibid. 

f Willes, 666. See also Ram, On Legal Judgment, 22. 

% See the debates upon the adoption of the Code Napoleon for a full dis- 
cussion of this interesting subject ; also Berryat de Saint-Prix, Cours de Pro- 
cedure Civile ; and Meyer, Origine et Progres des Institutions Judiciaires en 
Europe. This last authority, speaking of the courts of civilized states, says : 
" Penetrated with the truth that courts are established in order to bring dif- 



55 



In no country has the judiciary been more con- 
stantly respected than in our own. It has deserved 
respect, for it has respected itself. The decisions of 
Marshall, of Story, and of Curtis have been adopted as 
law, in the courts of other countries. The severe 
criticisms of Jefferson upon the Supreme Court of the 
United States have not generally been concurred in 
by the intelligent mind of the country. He charged 
that court with arrogance, and with having both the 
power and the will to overturn the constitutional 
liberties of the country* Upon no point was the 

ferenees to an end ; that their authority is based only on the requisition of 
parties who implore their aid ; that, in one word, judges are made for 
pleaders, and not pleaders for judges ; the legislator has laid down the prin- 
ciple that the judge can give no decision or opinion except upon the requisi- 
tion of one of the parties to a suit, and in the limits fixed by that requisition. 
The judge is free to grant or to deny what is asked ; to ask for further in- 
formation without which he feels unable to decide ; to allow a part only of 
what is asked ; but he cannot exceed the demand made, neither in quantity 
nor in quality. . . . The judicial power is by its very nature passive. 
He who holds in his hands the balance of justice cannot lean to one side 
without causing it to incline. The judge who agitates, under whatever 
motive or pretext, cannot be impartial." — Meyer ; IV., 527 et seq. 

* Jefferson says, in 1820: "The judiciary of the United States is the 
subtle corps of sappers and miners constantly working underground to 
undermine the foundations of our confederated fabric. They are construing 
our Constitution from a co-ordination of a general and special government 
to a general and supreme one alone. This will lay all things at their feet. 
. . . Having found, from experience, that impeachment is an impractica- 
ble thing — a mere scarecrow — they consider themselves secure for life ; 
they skulk from responsibility to public opinion, the only remaining hold on 
them. An opinion is huddled up in conclave, perhaps by a majority of one, 
delivered as if unanimous, and with the silent acquiesence of lazy or timid 
associates, by a crafty chief judge, who sophisticates the law to his mind by 
the turn of his own reasoning." — Writings of Jefferson, published by order of 
Congress, VII., 192. See also pp. 199, 216, 256, 278, 293, 321, 403. 



56 



great father of American democracy more earnest 
than upon this; and no opinion of his brought upon 
him more severe attacks from his political opponents. 
Hamilton, in earlier days, and more recently the 
learned Justice Story, insisted on the other hand, 
that it would be difficult and almost impossible for 
the Supreme Court to go astray — that the cases upon 
which it could lawfully act were strictly limited,* 
and Story declared that, should it ever exceed its 
powers or make a wrong decision, the enlightened 
public opinion of the country, closely watching it, 
would recall it to a sense of duty. 

A recent scene in the Supreme Court of the 
United States has shown that Jefferson was no false 

* Hamilton's opinions upon the limited power of the Supreme Court as 
laid down in the Federalist are further developed in the oil and 4th vols, of 
the History of the Republic by his son, John C. Hamilton. Story, in his 
Commentaries on the Constitution, ^17 7 7, '2d edition, says : " The funetions of 
the judges of the courts of the United States are strictly and exelusively 
judicial. They cannot, therefore, he called upon to advise the president in 
any executive measures, or to give extra-judicial interpretations of law." 

Some confusion exists in the popular mind from the often repeated asser- 
tion that it is the province of the Supreme Court to decide all constitutional 
questions. Story says : " The court can take cognizance of them only in 
a suit regularly brought before it, in which the point arises, and is essential to 
the rights of one of the parties." Precisely as the humblest Justice of the 
Peace would do. The debates in the Federal Convention show the exact 
meaning attached to the words of the Constitution, extending the judicial 
power of the United States to " all cases arising under the constitution, laws, 
and treaties of the United States." Mr. Madison feared that this might be 
interpreted to mean questions, but it was understood that the power given 
was " limited to cases of a judicial nature." — See Madison's debates, Elliot 
V., 483 ; also Curtis, who ably discusses this point, Commentaries on the 
Jurisdiction of U. S. Courts, I., i)5. 



57 



prophet, and has furnished at the same time a seri- 
ous warning to all who prefer a government based 
upon law, to either despotism or anarchy. 

The case of Dred Scott was the occasion taken 
by certain judges of the Supreme Court, to speak 
from the bench on matters not legally before them* 
— on matters which they had no right in their ju- 
dicial capacity to discourse upon — which, as judges, 
they could not touch without encroaching upon the 
functions of the Legislature, nor as individuals with- 
out prostituting the dignity of their office ; convert- 
ing the Temple of Justice into another Tammany 
Hall, and the Supreme Bench into a caucus-platform. 
And one of these harangues, that of Mr. Taney, 
was but a short time after seized upon by the Chief 
Executive Magistrate of the country, treated by him 
as a decision, and made the justification of a par- 
ticular line of policy ; — a policy tending to make 
labor dishonorable in the Territories of the Eepublic.f 



* " Many things were said by the court which are of no authority. 
Nothing which has been said by them, which has not a direct bearing on the 
jurisdiction of the court, against which they decided, can be considered as 
authority. / shall certainly not regard it as such. The question of juris- 
diction being before the court was decided by them authoritatively, but 
nothing beyond that question." — Justice M'Lean, in Dred Scott v. Sandford. 
Howard XIX. 549. 

f I know of no eminent lawyer in the country who has sustained the dec- 
larations of the Chief Justice in this case. It has been asserted that the 
former Attorney-General of the United States, Mr. Caleb Cushing, whose 
profound learning and legal sagacity all admit, upholds them ; but he is re- 



58 



To the honor of the judiciary, two judges, and 
they the most learned upon the bench, were found 
faithful among the faithless. Mr. Justice McLean, after 



ported to have said, on the 27th February, 1858, in the Legislature of Mas- 
sachusetts : " There are parts of the opinion of the court, which in his 
opinion could not be sustained," and then to have commented on those parts 
" from which he dissented." (See Legislative debates in Boston Daily Adver- 
tiser, 1st March, 1858.) On a subsequent day, Mr. Cushing being present, 
the following able analysis of the case was made by a member of less experi- 
ence but of equal legal acumeu, Mr. John A. Andrew, and the correctness 
of this analysis has never, that I am aware, been disproved by Mr. Cushing. 
Mr. Andrew said : 

" On the question of the possibility of citizenship to one of Dred Scott's color, extrac- 
tion and origin, three justices, viz., Taney, Wayne and Daniel, held the negative. Nelson 
and Campbell passed over the plea by which the question was raised. Grier agreed 
with Nelson. Catron said the question was not open. McLean agreed with Catron, but 
thought the plea bad. Curtis agreed that the question was open, but attacked the plea, 
met its averments, and decided that a tree-born colored person, native to any State, is 
a citizen thereof, by birth, and is therefore a citizen of the Union, and entitled to sue 
in the Federal Courts. But three judges of the Supreme Court have, as yet, judicially 
denied the capacity of citizenship to such as Dred Scott and family. 

" Had a majority of the court directly sustained the plea in abatement, and denied the 
jurisdiction of the Circuit Court appealed from, then all else they could have said and 
done would have been done and said in a cause not theirs to try and not theirs to discuss. 
In the absence of such majority, one step more was In lie taken. And the next step re- 
veals an agreement of six of the Justices, on a point decisive of the cause, and putting an 
end to all the functions of the court. 

" It is this. Scott was first carried to Rock Island, in the State of Illinois, where he re- 
mained about two years, before going with his master to Fort SneHing, in the Territory 
of Wisconsin. His claim to freedom was rested on the alleged effect of his translation 
from a slave State, and again into a free Territory. If, by his removal to Illinois, he be- 
came emancipated from his master, the subsequent continuance of his pilgrimage into the 
Louisiana purchase could not add to his freedom, nor alter the fact. If, by reason of any 
want or infirmity in the laws of Illinois, or of conformity on his part to their behests, 
Dred Scott remained a slave while he remained in that State, then — for the sake of learn- 
ing the effect on him of his territorial residence beyond the Mississippi, and of his marriage 
and other proceedings there; and the effect of the sojournment and marriage of Harriet, 
in the same Territory ; upon herself and her children — it might become needful to ad- 
vance one other step into the investigation of the law; to inspect the Missouri Compro- 
mise, banishing slavery to the south of the line of 36° 30'. in the Louisiana purchase. 

"But no exigency of the cause ever demanded or justified that advance; for six of 
the Justices, including the Chief Justice himself, decided that the status of the plaintiff, 
as free or slave, was dependent, not upon the laws of the State into which he had been, 
but of the State of Missouri, in which he was at the commencement of the suit. The 
Chief Justice asserted that ' it is now firmly settled by the decisions of the highest court 
in the State, that Scott and his family, on their return were not free, but were, by the 
laws of Missouri, the property of the defendant.' This was the burden of the opinion of 
Nelson, who declares ' the question is one solely depending upon the law of Missouri, 
and that the federal Court sitting in the State, and trying the case before us, was bound to 
follow it.' It received the emphatic endorsement of Wayne, whose general concurrence 
was with the Chief Justice. Grier concurred in set terms with Nelson on all 'the ques- 
tions discussed by him.' Campbell says, ' The claim of the plaintiff to freedom depends 
upon the effect to be given to his absence from Missouri, in company with his master in 
Illinois and Minnesota, and this effect is to be ascertained by reference to the laws of Missouri.'' 
Five of the Justices then (if no more of them) regarded the law of Missouri as decisive of 
the plaintiff's rights. 

" flic Chief Justice and Justices Wayne and Nelson and Grier plainly hold that, on this 
point, the Court of the United States were bound to follow the decision of the Court of 
Missouri, which had already passed upon the question. And if Campbell did not intend 



59 



showing the dangerous novelty of the conduct of the 
court ; its violation of precedent, of written law, and 
of natural right; and after declaring that the mere 
* sayings " of the court would not be regarded by 
him as authority, expressed his regret that its declara- 
tion of a year before (in Pease v. Peck, 18 Howard) 
did not seem to be fresh in the minds of some of 
his brethren : " that it could not yield its convictions 
where, after a long course of consistent decisions, 
some new light suddenly springs up, or an excited 
public opinion has elicited new doctrines subversive of 
former safe precedent." * 

Mr. Justice Curtis declared that, without violating 
duty, he could not follow Mr. Taney in discussing 
matters not before the court ; and, true to judicial 
principles, said, " he did not hold the opinion of that 



to b^bound by the Missouri Court, we are at a loss to understand what he does mean ; 
since, asking 'what is the law of Missouri in such a case? ' and, after citing Scott v. Em- 
erson in the 15th of the Missouri reports and various authorities of several States, he con- 
cludes that ' questions of status are closely connected with questions arising out of the 
social and political organization of the State where they originate, and each sovereign 
power must determine them within its own territories.'' He held conclusively and distinctly, 
and so also did Mr. Justice Catron, in common with all the judges, besides McLean and 
Curtis, — on their own investigation and reasoning, — that the law of Missouri (to be as- 
certained either by themselves, or by exploring the declared opinions of the Courts,) must 
rule the cause. And they all affirm that, irrespective of the law of Illinois and of the ter- 
ritory, Scott was a slave by the law of Missouri, on his return within the confines of its 
jurisdiction. 

"If the law of Illinois could have had no possible effect to secure freedom to Scott, when 
again remitted to Missouri, it follows that neither could the laws of the territory have 
availed him. The majority of the court had no occasion, therefore, to follow them into 
the territory, in ordertolook into the condition of Harriet and the children; because Dred, 
as a slave, could have no wife nor child, known to the law or recognized by the Court. 
But if any such occasion had existed, the same answer, — of the effect of the Missouri 
law,— was sufficient to control the cause. 

" Here, then, we have a man, found by three of the court, to be a person impossible to be 
a citizen, by reason of ancestral disabilities ; by the same three, and four more of them, to 
have been a slave, by the law of his domicil at the inception of the suit. And yet, on the 
strength of observations and reflections indulged by a majority of these gentlemen, after 
their judicial functions had ceased for want of a competent plaintiff in the suit — for 
want of a man competent to the ownership of his own body, (on one side of their record,) 
— it is claimed by the President of the United States, that slavery ' exists in Kansas under 
the Constitution of the United States,'' and that ' this point has been declared by the highest 
tribunal known to our laws.' " 

* Howard XIX., 563. 



60 



court, or any court binding, when expressed on a 
question not legitimately before it." He did not 
fail, however, thoroughly to examine the question 
before the court, and showed that upon that, the 
opinion of Mr. Chief Justice Taney was as illegal as 
was the demagogical harangue of Mr. Taney on 
matters not before the court.* 

The Chief Justice had declared that, " every per- 
son, and every class and description of persons, who 
were at the time of the adoption of the Constitution 
recognized as citizens in the several States, became 
also citizens of this new political body."f He as- 
serted, however, that the free descendants of imported 
Africans " were at that time (viz., in 1787) considered 
as a subordinate and inferior class of beings," having 
no natural rights ;J that " they had for more than a 
century before been regarded as beings ... so far 



* In the trial of Woodfall, the printer of Junius, the aberrations of the 
Chief Justice — less flagrant by far than those in the Dred Scott case — 
were, it will be remembered, the object of discussion in the House of Lords, 
where Lord Chatham, on the 11th of December, 1770, said: " The court 
are so confined to the record that they cannot take notice of anything that 
does not appear on the face of it ; in the legal phrase they cannot travel out 
of the record. The noble judge did travel out of the record; and I affirm 
that his discourse was irregular, extra-judicial, and unprecedented. His 
apjiarent motive for doing what he knew to be wrong, was that he might have 
an opportunity of telling the public extra-judicially " certain things, which 
Chatham proceeds to develop. — WoodfalPs Junius, I., 29. 

f Howard XIX., 406. 

X " No rights or privileges but such as those who held the power and the 
government might grant them." — C. J. Taney, in Howard XIX., 405. 



61 



inferior that they had no rights which the white 
man was bound to respect ; "* that " this was an 
axiom in morals as well as in politics ; " — from which 
premises he declared that they were not then citi- 
zens in the States (passing over in utter silence the 
statutes of several States prior to 1787, which made 
them citizens), and could not, therefore, be then, nor 
afterwards, citizens of the United States.f 

Well did Mr. Justice Curtis overthrow this mon- 
strous assertion, by pointing to the laws of five States, 
among them North Carolina, which, in 1787, gave to 
free colored men the full rights of citizens, enforcing 
this by the decision of Judge Gaston, of North Caro- 
lina. He also cited the Articles of Confederation of 
1778, the fourth of which declared the "free in- 
habitants of each of these States entitled to all the 
privileges and immunities of free citizens in the 
several States ; " he showed by the discussions in Con- 
gress at the time, that the question was thoroughly 

* Howard XIX., 407. 

f This paragraph is the careful condensation of twenty-four pages of 
casuistry in the official report of the opinion of the court. — Ibid, 403-427. 
The marginal summary of the official reporter stands thus : " When the 
Constitution was adopted, they [i. e., freemen of the African race, whose 
ancestors were brought to this country and sold] were not regarded in any 
of the States as members of the community which constituted the State, and 
were not numbered among its ' people or citizens ' ; consequently the special 
rights and immunities guaranteed to citizens do not apply to them. And, 
not being ' citizens ' within the meaning of the Constitution, they are not 
entitled to sue in that character in a court of the United States." — Ibid, 393. 



62 



understood ; and pointed out the efforts of South 
Carolina to so amend this article as to restrict citi- 
zenship to whites, efforts in which only one of the 
thirteen States joined her.* Mr. Justice Curtis might 
also have cited the statute of Virginia of 1783, which 
declares that all freemen are citizens, and which re- 
peals the law of 1779, that limited citizenship to 
whites. 

Carrying the opinion of the Chief Justice to its 
logical result, Mr. Justice Curtis showed that it im- 
plied the power to change our Republic to "an oli- 
garchy, in whose hands would be concentrated the 
entire power of the Federal Government." 

Against doctrines and conduct so destructive to 
our free institutions, it behoves us all, on this day, 
solemnly to protest. On this day again, it behoves 
us to remember, that an injury done to the humblest 
among us, whatever his color, whatever the country 
of his birth, is an injury done to us all. 

All who believe in natural rights, and all who 
uphold existing things, are here called upon to act. 
In presence of usurpation, it becomes most especially 
the duty of all conservative men of the country to 
come forward. 

I honor the conservative who stands the guardian 
of order, of existing rights, and of instituted liberty, 

* Howard XIX., 572-5. 



63 



and who gracefully yields at last to the progress of 
an advancing civilization : 

" "Who serves the right, and yields to right alone." 

But there are some who, calling themselves conser- 
vatives, conserve nothing, and who yield, not to the 
advances of civilization, but to the encroachments of 
barbarism ; whose whole conservatism is constant con- 
cession ; who tell us they are " as much opposed to 
barbarism as any one," but they wouldn't meet it on 
the field of politics, — "as much opposed to crime 
as any one," but they wouldn't hear a warning voice 
raised against it from the pulpit; — their politics are 
too pure, their Sunday slumbers too precious, to be 
disturbed by any allusions to such exciting matters 
as the advances of crime. And so they go on, con- 
ceding everything, — not to civilization, but to bar- 
barism, — not to liberty, but to liberticide — backing 
down before every presumptuous aggression — down — 
and down still — until they fall among the lost ones 
whom Dante has described.* From them there is 
nothing to expect. 

" Non ragionam di lor, ma guarda e passa." 

* " Master, 

What wretched soids are these in anguish drowned '? " 

To which he answered, " This award severe 
On those unhappy spirits is bestowed, 

Of whom nor infamy nor good was known, 
Joined with that wicked crew which unto God 
Nor false nor faithful, served themselves alone." 

Inferno: Canto III., Parsons's Trans. 



64 



We have, however, among us some real conserva- 
tives, and many intelligent and worthy men, who 
neglect the privileges, shall I not say the duties, of 
citizenship, and who, either from indifference or from 
a false fastidiousness, abstain from the polls. To 
these men I would, on this occasion, specially appeal. 
You complain that your vote is only that of one, 
and that however great your intelligence, however 
profound your learning, it may all be outweighed 
by the vote of the most simple. Here then is an 
opportunity for effective action ; here is the occasion 
foreseen by the sagacious Story, when he placed the 
security against a trespass by the Supreme Court 
upon the known principles of law, in the intelli- 
gence, the integrity, the learning and the manliness 
of the country, which would keep watch upon its 
proceedings. 

Here you may exercise your knowledge, and the 
influence which it may carry with it. Bring that 
knowledge and influence to bear upon the judges 
who have acquiesced in that deplorable prostitution 
of their office ; aid them to see the error of their 
ways; point out to them the fountains of that law 
of which they are the ministers ; draw them gently 
back to an appreciation of those elementary principles 
of jurisprudence, and of , judicial action, which seem 
to have passed from their memories; furnish the 
Chief Justice with a copy of the decisions of North 



65 



Carolina and of the statutes of Virginia ;* persuade 
him to read the history of his country ; tell them all, 
not in anger but in sorrow, of the disastrous conse- 
quences of their example ; show to them that what- 
ever factitious popularity may follow their conduct, 
the wise and the good are not with them, and that — 
though they may have a Senate at their heels ready 
to print and circulate their opinions through the coun- 
try at the public expense — the voices of all the true 
and enlightened will condemn them in the present, 
and the Muse of History chronicle their names in the 
black catalogue of unworthy judges. 

And if with all this you find them deaf to your 
remonstrances, unwilling to purify the ermine which, 
confided to them, has been draggled and soiled, if, 
unconscious of 

" their foul disfigurement, 

They boast themselves more comely than before," 

you will at least have the satisfaction of knowing that 
you have done something to serve your country. 



* Particularly the 11th volume of " Hening's Virginia Statutes," where 
on p. 322 maybe found the law of October, 1783, which repeals that of 
1779, limiting citizenship to whites, and which enacts, "That all free per- 
sons, born within the territory of this Commonwealth shall be deemed citi- 
zens of this Commonwealth." To this might be joined the opinion of the 
learned Judge Gaston, of North Carolina (4 Dev. and Bat. 20), cited by 
Justice Curtis (19 Howard, 573) : " All free persons born within the State 
are born citizens of the State. It is a matter of universal notoriety, that 
under the Constitution of North Carolina, free persons, without regard to 
color, claimed and exercised the franchise." 

9 



66 



But this conduct of the court, though at first it 
may most shock the student of history, and the jurist, 
conversant with those principles which through the 
long struggle between arbitrary power and right have 
been evolved as the guaranties of justice between 
man and man, this usurpation on the part of the ju- 
diciary comes home to every one ; to the rich as 
well as to the poor; to the powerful as well as to 
the weak ; to the wise as well as to the simple ; 
to the white as well as to the black. 

To-day liberty is attacked ; to-morrow it may be 
property. Let this be calmly acquiesced in, and no 
interest however respectable, no right however sacred, 
is safe. In opposition to the monstrous conduct of 
these judges all of us may cordially unite : in this all 
shades of party may blend ; for no party, however 
strong it may appear, however great the selfish in- 
terests it may suppose to be flattered, no party can 
long bear up under the opprobrium of a measure 
which tends to undermine our institutions; which 
destroys the harmonious balance of the power dele- 
gated by the people to different branches of their 
government, and leads logically on to despotism or 
to revolution. 

Let us, therefore, all join our efforts to restore the 
purity of the judiciary, — to aid it to recover its self- 
respect ; and having clone this, let us prove that our 
celebration of this day is no mere empty show, by 



07 



honoring the immortal truths of the Declaration, and 
by earnestly endeavoring in the future to act up to 
them. Let us rally around the Constitution of our 
country, which guarantees trial by jury to all, and 
which, in its own words, was " ordained to establish 
justice, and secure the blessings of liberty ; " let us 
drive far away the corruption in power, and make 
Justice and Liberty the persistent rule of action of 
our government. 

Then shall we offer an acceptable tribute to the 
memory of those who founded our Republic ; then 
shall our country present a cheering example to other 
nations struggling with oppression ; then, true to it- 
self, it shall be stationed, 

" Like a beneficent star for all to gaze at, 
So high and glowing, that kingdoms far and foreign, 
Shall by it read their destiny." 



DINNER AT FANEUIL HALL. 



THE DINNER. 



The City Dinner took place, according to custom, 
in Faneuil Hall, which had been tastefully decorated 
for the occasion by Messrs. Lamprell and Marble. At 
the end of the hall, over the clock, the name of 
Washington was inscribed in gold letters on a black 
velvet ground. The names of the presidents of the 
United States surrounded the hall under the gallery. 
The platform was handsomely decorated with wreaths 
and bouquets. 

The procession, numbering about fourteen hundred 
persons, entered the hall at two o'clock. The Brigade 
Band was stationed in the right-hand gallery, and 
played a march as the guests entered. After the 
company had become seated, a blessing was asked by 
Rev. R. H. Neale, D. D. The substantial and excellent 
repast, prepared by Mr. J. B. Smith, the well-known 
caterer, was soon displaced from the tables. 

About three o'clock, Hon. Frederic W. Lincoln, jun., 
Mayor of the City, and presiding officer of the day, 
rose and spoke as follows : — 

Fellow-Citizens : — It is again our privilege to assemble 
in old Faneuil Hall, and to participate in another celebra- 
tion of the Anniversary of American Independence. 

Throughout the wide domain of this republic other con- 
gregations of the people are convened to-day to unite in the 



72 



general jubilee. But it is our peculiar happiness to assemble 
upon a spot, and to be surrounded by scenes sacred to some 
of the most glorious memories of the revolutionary era. 
This old hall is redolent with many of those associations 
of the past which have made the history of our nation 
famous. 

The spirit of liberty, so boldly proclaimed here by our 
fathers, was advocated by them upon every battle field of the 
revolution. The ceremonies of to-day are an idle pageant 
if they do not enkindle a more fervent patriotism in our 
breasts, and inspire that spirit of self-sacrifice and devotion 
to country which shall preserve for our posterity those 
rights which our sires with so much labor bequeathed to us. 

While the old world is now shaking with the tramp of 
armed men, and is renewing the conflict between arbitrary 
power and the rights of man, we are quietly reposing 
" under our own vine and fig tree, with none to molest or 
make us afraid." 

Eighty-three years ago, thirteen feeble colonies scattered 
along the Atlantic coast threw out their united challenge to 
the world and proclaimed their independence as a nation. 
To-day we behold thirty-three confederate States, stretching 
from the Atlantic to the Pacific shores, consolidated into one 
people, and enjoying a degree of happiness which is the 
envy and admiration of the world. 

The rapid expansion and growth of our country is not 
better illustrated than in the new star which is added upon 
this anniversary to the flag of the Republic — the ensign of 
the free. 

It is but a few years since that an American poet spoke 
of the vast solitude of the West — 

" Where rolls the Oregon, and hears no sound 
Save his own dashings." 

To-day that Territory takes its place in the Union as one 
of the family of sovereign States, and by a happy coincidence 



1?> 



we have at our table the last survivor of the discoverers of its 
great river, the Columbia — a Boston boy and a Boston man, 
a North End mechauic, who, previous to that event, served 
his country during the revolution as one of the crew of the 
Tartar frigate, and is now, at the age of ninety, partici- 
pating with us in all the joyous emotions which befit this 
occasion. 

In the spirit in which John Adams prophesied that this day 
would be remembered, the people of Boston have ever 
held it in honor. " With solemn acts of devotion to God 
Almighty, with pomp and parade, with guns and bells, and 
bonfires and illuminations," they have through these many 
years, without a single exception, testified by the arrange- 
ments of their municipal authorities their appreciation of 
the great event, and their gratitude to the fathers for those 
blessings which they secured to us. 

The leading transactions of the province of Massachusetts 
Bay and the old town of Boston immediately preceding the 
American Revolution, are an important part of the annals 
of that age, and are as familiar to this company as household 
words, but most of the details have never been seen upon the 
printed form. In the volumes of the Records of the Town 
at City Hall, the pages of that period are filled with the 
patriotic acts of the citizens in town meetings assembled, as 
well as the means adopted by the selectmen in connection 
with the committees of correspondence aud public safety. 

I have sometimes thought that it would not be an inap- 
propriate act of the Municipal Government, if, under their 
authority, copious extracts from those records should be pub- 
lished. Such a work would not only be of marvellous in- 
terest to the student of history, but would show to the 
world that our fathers, not only in the popular assembly, 
under the excitement of impassioned orators, were alive to 
the cause, but that they took hold of the matter as a mu- 
10 



74 



nicipal concern: and it would furnish the proofs of the 
unanimity of the people of this vicinity in its favor. 

As an illustration of the spirit of those times, I will re- 
late an incident which I found in looking over the records 
a few days since. 

In 1774 General Gage requested an interview with the 
Selectmen upon business of importance. Upon waiting upon 
him, they were told that these Boston town meetings had 
caused so much trouble that Parliament had passed an act 
that no more meetings should be summoned without his per- 
mission. The Selectmen very coolly informed him that they 
did not intend to call any more at present, for there were 
two meetings still open by adjournment — one was to take 
place that month, and the other would be held in October. 
He replied, with much warmth, that he did not see but that 
under such arrangements the meetings might be kept open 
for ten years. They agreed with him in that opinion. 
The record says that the Governor was much displeased 
with the result of the interview, and predicted the most 
disastrous consequences from the course which the inhabi- 
tants of the town were pursuing. This was a specimen of 
revolutionary parliamentary practice not recorded in Jeffer- 
son's and Cushing's manuals. 

But I will not, on this occasion, minister to a local pride. 
If the men of Massachusetts first felt the yoke of the op- 
pressor, and were first aroused to action, they were aided 
by their immediate neighbors as well as by noble spirits 
from every colony, in their efforts to break their thraldom. 
The sentiment of Virginia in 1774 was "that all North 
America were party in the dispute growing out of the 
troubles in Boston, and if their sister colony of Massachu- 
setts was enslaved, they could not themselves long remain 
free." It was under the leadership of the great Virginian, 
George Washington, that the enemy was driven from our soil; 
and although afterwards the seat of war was changed to other 



75 



sections, yet the whole country participated in the conflict, 
and all alike shared in its victory and renown. 

Let us, then, citizens of Boston, comprehend our country, 
our whole country, in our filial regards ; let us cling to that 
union of the States which makes us one people ; let us 
reverence that Constitution under which we have grown up 
a power among the nations. Let us resolve that if all 
others should prove recreant to the principles of constitu- 
tional liberty, we will remain steadfast; and that if danger 
or peril awaits us, the heroism of the fathers shall be illus- 
trated by the valor of their sons. 

We to-day meet on the broad grounds of National Union — 
the narrow distinctions of parties and sects should be for- 
gotten; our common watchword should be patriotism; our 
darling object, the welfare of the whole country. Other 
occasions may excite us to the consideration of local inter- 
ests, and stimulate us to carry forward particular measures, 
but to-day let all strife and discord cease, and the spirit of 
conciliation and harmony grace the festivities of the hour. 

To our distinguished guests, and to those friends from dif- 
ferent parts of the country who are present, I bid a cordial 
welcome. The hospitalities we offer are not a mere form, 
but a pledge of friendship. Old Faneuil Hall, though under 
our immediate guardianship, belongs to the country. Every 
American has a joint proprietorship in its fame, and is heir 
to its glorious memories. I will close with proposing as a 
sentiment : 

The Day we Celebrate — The most memorable in the annals of the 
past. May each returning anniversary be more gladly welcomed as it 
shall witness the Union of the States more closely cemented, and a great 
people bound together by mutual sympathy and good will. 

At the conclusion of the mayor's remarks, which 
were much applauded, the Chief Marshal of the day, 



/!» 



Mr. Charles H. Allen, acting as Toast Master, pro- 
posed the following as the first regular sentiment : 

Tlte President of the United States — Whose right to rule is the 
sovereignty of a free people. May his administration of the govern- 
ment be so directed as to secure the happiness of all sections of the 
Union. 

Music — " Hail Columbia? 

The second regular toast was read : 

The Commomvealth of Massaclmsetts — With the Bible and her 
Constitution for her chart, and fidelity at her helm, and impelled 
onward by the life and energies of her moral and intelligent people, 
she has long held the lead in the race for civilization. May no side 
issues check her progress, no shallow councils despoil her of her well- 
earned laurels. 

Hon. Charles A. Phelps, President of the Senate, 
responded substantially as follows: — 

Mr. Phelps said he regretted that there was no other gen- 
tleman connected with the State Government to respond; 
but he could not regret the accident which at the last mo- 
ment had given him the pleasure of uniting in these festivi- 
ties. It gives me great pleasure, said he, to unite with you 
in celebrating this anniversary of our National Independence. 
Where should this anniversary be celebrated, where honored, 
where remembered, unless it be in Massachusetts — in Bos- 
ton — in old Faneuil Hall? Allusion has been made in the 
sentiment just read, to the hope that Massachusetts will be 
led off by no side issues. Sir, let us remember that the Rev- 
olution began in Massachusetts before the continental army 
was formed, and three months before the Declaration of In- 
dependence was proclaimed. In May, 1776, the town of Bos- 
ton instructed their representatives that " if the Honorable 
the Continental Congress should, for the safety of the Colo- 



77 



nies, declare them independent of the Kingdom of Great 
Britain, the inhabitants of the town solemnly engage with 
their lives and fortunes to support them in the measure." 

Let us never doubt that whatever parties may rise and fall, 
whatever questions may divide us, that Massachusetts will be 
true, now and in the future, to the great cause of human lib- 
erty. 

And I must confess, sir, that I sympathize to a great extent 
with the views expressed by you regarding the manner of cel- 
ebrating our national holiday. I believe, with old John Ad- 
ams, that the day should be observed " with festivals, with 
bonfires and illuminations." It is a day when much should 
be "pardoned to the spirit of liberty" — when the American 
eagle may be allowed to spread his wings ; and I am not 
without hope that on some Fourth-of-July morning I may 
awake amid the acclamation? of fifty millions of freemen, and 
find that renowned bird of freedom with his talons firmly 
planted on the ridges of the Alleghanies — with one wing 
dipping in the rivers of Canada, and the other, if it may be 
peaceably and honorably, touching the diadem of the queen 
of the Antilles. Yes, sir, and dip his beak in the sunset 
waters of the Pacific. 

I know it is the custom with some of our exquisite fellow- 
citizens to decry fourth of July patriotism, but I submit, I 
think this taste is bad, and the policy worse. 

No tribute which their posterity can render to the patriot 
fathers of the Revolution can be beyond their merits. No, — 
not even though we 

" Could write their names on every star that shines, 
Engrave their story on the living sky, 
To be forever read by every eye." 

Sir, the Declaration of Independence which they proclaimed, 
and which we have assembled to celebrate, introduced a new 
era in the discussions of the political rights of man. In all 



78 



the contests in England between the people and kingly power, 
the question of freedom had been argued as a matter of pre- 
cedent and authority. But the great charter of our liberties 
advanced a bolder doctrine, it proclaimed that " all men are 
created equal." 

And the principles of the American Revolution are still in 
conflict. They are in conflict to-day, on the other side of the 
Atlantic. God prosper the right ! That discussion will not 
end, the conflict will not end, until every king shall be left 
without a sceptre, and every sovereign without a throne. 

For one, I cannot hope as much for the cause of liberal 
principles as many from the Emperor of France, in his present 
contest with Austria. I by no means forget the tyranny of 
Austria, but I do not also that this same Louis Napoleon, 
now promising freedom to Italy, is the same man who over- 
threw the French Republic in 1848. And I do not forget 
that it is just ten years ago to-day, July 4th, 1849, that, by 
the commands of this same Louis Napoleon, the French army 
entered Rome, and overthrew the Italian Republic. 

But, sir, however the present contest may terminate, let us 
never doubt that the principles of government proclaimed by 
our fathers will live till the end of time. 

It may cost much — nation after nation may rush to the 
banquet of death — the world may be drenched with blood — 
the earth tremble with the rush of armed men — the muse of 
history may embalm with pious tears the unavailing but heroic 
struggles of such a country as Poland, beneath the iron heel 
of Russian oppression — the patriot leader of Hungary may 
go forth for years to mourn in exile over the lost liberties of 
his father-land, but, sooner or later, the banner of liberty 
raised by the men of 1776 will yet make the tour of the 
world. 

Our task is to show forth the light of a bright example. 
It is sometimes said that if our experiment of self-government 
shall fail, no other nation will renew the attempt. Flattering 



70 



as this may be to our self-love, I own I have a higher faith in 
the life and conquests of civil liberty. 

If the temple of constitutional freedom here reared shall 
be overthrown, other nations in other and better days shall 
cause it to rise again, the wonder and admiration of mankind. 
But, sir, without further delay, I oflfer you 

The principles of the Declaration of Independence — They herald 
the brotherhood of nations, and the political equality of man throughout 
the world. 

Third regular toast : 

The Representative of the Fifth District of Massachusetts in Con- 
gress — May the principles of the Revolution, here first promulgated, 
be his guide in the councils of the nation. 

Hon. Anson Burlingame, the member from the 
Fifth District, was introduced to respond, and was 
received with applause. He spoke as follows : — 

Mr. Mayor : There could not be expressed for the rep- 
resentative of this district a kinder wish than that con- 
veyed in the language of the sentiment just now read ; 
and my hope is, that when he shall lay down the honors 
he now wears through the partiality of the people of this 
district, that then, if his name shall be recalled on some 
patriotic occasion, the language of the sentiment will run, 
not that the principles of the Revolution " may be," but 
that they " have been" his guide. 

When you direct him to these, you point him to a defi- 
nition of all the rights of man, and tell him that, as for 
these the fathers met the traditions and practices of 
tyranny, so he as your representative must hold nothing 
as dear, given to their defence and perpetuation. 

It is true that here the principles of the Revolution were 
first promulgated, and it is wise here to recall them. I 



80 



need not state them ; they have been recited, — I need not 
say how well, for you heard the young man, from the un- 
bending text of our organic law; and though they have 
not all, as yet, been realized in practical government, the 
time will come when every " glittering generality " of that 
declaration shall live, not only upon the lips, but in the 
hearts of men. Believing this — believing that men are 
growing wiser and better, and freer with every passing 
hour, I have no repinings for the future of my country, 
but only fear that its quick coming light shall reveal our 
duties unperformed. 

The struggle for the principles of the Revolution did 
not end with our fathers ; it rages now, and as our fathers 
did their duty in their time, so let us do our duty in our 
time, and deriving our inspiration rather from their prin- 
ciples than their practices, press resolutely on toward that 
period when the government, in its practice, shall come 
nearer to its theories, and when every department of it 
shall be filled with the pure soul of the people. 

I express these hopes, not as a partisan — no ! This 
day let the bugles of party sound a truce — but as an 
American, proud of the principles of the revolution, and 
desirous of carrying them forward into living laws. 

But, Sir, while we, in the presence of the historic shades 
of old Faneuil Hall, take these high purposes for our own 
country on our lips, let us not be unmindful of those who 
are struggling for the same principles in other lands. 

And this brings me for a moment to consider the great 
topic of the time — the war in Europe. Without pausing 
to speak of its causes, let me say for myself, without cir- 
cumlocution, that from the depths of my soul I sympa- 
thise with the Italians. When the orator of the day re- 
called the large aid we received from others during the 
revolution, I must confess that the selfishness of my patriot- 
ism was rebuked, and my feelings readily went along with 



81 



him to the portions of his address where he pointed out 
our obligations to respond. We may not fight side by side 
with those contending for their rights. We cannot, recol- 
lecting the advice of Washington, enter into " entangling 
alliances;" but there is nothing in what he said or in the 
circumstances in which we are placed to stay our sympa- 
thies from flowing like a generous river. 

We can, as the orator pointed out, admonish the mother 
country. We can stretch forth the hand of the govern- 
ment to the people as they rise, and more than all and 
better than all, we can lead in their behalf the enlightened 
public sentiment of the world. Sir, I know there are dif- 
ficulties ; a cloud of doubt hangs over the motives of the 
leaders of the people, and especially over the name of 
Louis Napoleon. 

You, sir, (Mr. Phelps,) have just indicated it; the Ger- 
man mind is suspicious, and the great heart of England is 
not yet soothed into sympathy with him ; but, sir, looking 
to the present war, and his connection with it — however 
scornful we may be of his antecedents, and giving to his 
acts a fair and candid criticism, must we not say that he 
has entitled himself to the sympathies of the generous and 
the brave ? Has he not thus far kept faith with the peo- 
ple ? And is he not fighting for that great doctrine so 
dear to the American here — a doctrine born on board the 
Mayflower, and first expressed in the Declaration of our 
Independence, as I had supposed, but traced back by the 
orator of the day six hundred years, to the very soil 
where the war is now raging, — that doctrine which is 
this : that the people are the source of power, and that it 
must flow forth from thein into a practical governm "t 
according to the measure of their civilization. 

With that great doctrine of freedom written on his ban- 
ners, he confronts the tyrannic elements of Church and 
State ; and, Sir, as long as he shall do that, I, for one, shall 
bid him God speed. 



82 



If he shall prove false, the cause of the people will not 
be lost; for over his perjured grave and blasted memory 
their legions will still seek their long lost rights. It is 
not for him nor for any man, nor for all the diplomatists 
together, to fix the boundary lines of this war; it is writ- 
ten in the decrees of Heaven, that when a people is risen 
and armed and animated by a burning desire to be free, 
no tyrant shall know on what river bank or in what moun- 
tain pass its great march shall be stayed. 

Sir, not only do my sympathies go with the Italians, 
but, if possible, with a deeper tide toward the brave 
Hungarians. 

Kossuth, that marvellous chieftain, whose mournful elo- 
quence, reciting the story of his nation's wrongs., still lin- 
gers in our memories like the recollections of some grand 
old song, is, we learn by the news of this day, on the blue 
Mediterranean, seeking once more the father-land. 

Sir, may I not send after him not my sympathies alone, 
but yours, and all the people's, from the Lakes to the 
Gulf, and breathe for him the hope that that great spirit 
of his which, nor exile nor war, nor the dungeon could 
break, may yet sway the destinies of the brave Hungarian 
land. 

And now, fearing that I may have been lured by these 
high topics beyond the limit in time fixed for such occa- 
sions,, after thanking you for the manner in which you 
received me, and have responded to what 1 have said, I 
will resume my seat. 

Fourth resailar toast : 

Washington — The hero in war ; in peace the temperer of party 
spirit. He made Jefferson his Secretary of State, and sought coun- 
sel from those who did not approve all his measures. 

The song, " Honor to Washington" was here sung 
in an effective manner by Mr. C. E. Adams. 



88 



Fifth regular toast: 



The Judiciary of the Commonwealth — To their wisdom, learn- 
ing and scrupulous fidelity we owe the preservation of our equal 
rights and constitutional liberty. 

Hon. Geo. D. Wells, Justice of the Police Court, 
responded. He said : 

Mr. Mayor and Gentlemen : I do not know why I am 
honored in being asked to respond to the sentiment just 
given, unless it be that as I am the youngest of all in appoint- 
ment, and perhaps in years, I can say what is their due of 
the judiciary, without fear that any praise I may utter can 
fall upon myself. They are not mere words when I say that 
I do so with great diffidence, in view of the place, the occa- 
sion, the audience, and associations in which I stand. So too, 
as I consider the sentiment itself, and reflect upon all of 
the past and present included in that term, " the judiciary," 
my mind runs backward, and I seem to see the forms and 
hear the voices of those great men whom we all reverence — 
whose names so stand out upon the pages we study — not 
alone the eloquent advocates, the subtle pleaders, the learned 
jurists, but lawyers, in the largest sense of the term, recogniz- 
ing and enforcing to the uttermost those " unyielding abstrac- 
tions " of truth, right, justice and equality of all men before 
the law, which the day we celebrate established, and which are 
the foundation of our civil and religious liberty and life — 
men " who knew and owned the higher ends of law." 

It is not easy for me, standing only on the threshold of the 
tabernacle wherein these dwell, to speak for them. I must 
put the shoes from off my feet if I would enter in. 

For with us the judiciary seems to include what we most 
respect, in character, acquirements, and usefulness. Look 
through our whole State history, and where are our unjust or 
corrupt judges ? In all time there have been many rulers 



84 



tyrannical and infamous, but how few judges of whom this 
can be said. When we do find these, their names stand in 
added blackness. They did, it may be, only the bidding of 
their masters; but as the function of the judge is higher and 
holier than that of president or king, so the guilt of these 
last is overshadowed by that of him who prostitutes this 
office to corrupt or selfish ends. So universally has this been 
the rule with us, that we receive the decrees of our judges 
almost without thought of criticism or question ; and when 
one comes so manifestly wrong that we must reject it — that 
we cannot but say it is some strange error, or a wilful pros- 
titution of the office — we cau hardly credit our senses ; '•' the 
earth seems to stand at gaze." We say, these men cannot 
err ; it is a mistake, an impossibility ; we gather about the 
decision 

"As men aghast round some cursed fount, 
That should gush water, and spouts blood." 

So strongly was this felt in our earlier history, that the 
great men who framed our government took extreme care to 
place our judges above all restraint or control, and put the 
Supreme Court under the especial charge of the Constitution. 
Even more — as showing their confidence, while in all else 
our government is one of checks and balances, no part with- 
out restraint, to the judiciary all is given ; they are an abso- 
lute tyranny if they will. To execute their process, the 
sheriffs, with their posse, absorb the whole power of the 
State. Our Supreme Court is above our Constitution and 
laws, for it interprets both at its will. From its decrees 
there is no appeal, except to revolution or its equivalent. 
Our only reliance — and it has always been and is, in this 
Commonwealth, a sure one — is in the learning, ability, and 
above all, in the integrity of purpose of our judges. We regard 
that court with a just pride. So of our other courts, changing 
as they have and must, as the increasing need and want of our 
increasing and changing business and population demand. 



85 



The memory of all which are gone is fresh and green. The 
names upon their rolls are everywhere known and honored. 
In all changes, the judiciary has been the same. It has been, 
as it is to-day, an organization of upright, learned, and earnest 
men. Their duties have been performed fearlessly, ably, and 
well. In one thing their duties have been rendered much 
easier. The humanity of our legislators, and the wise, gener- 
ous, and noble policy of your rulers of the city of Boston, 
and your predecessors, has relieved the judges of your crim- 
inal court from their hardest and crudest duty. For while I 
hold, in its strictest sense, that the object of criminal law is 
not the reformation or assistance of the criminal, but the 
security of the state — that the judge who loses sight of the 
latter in his desire for the former, does what he has no right 
to do, in sacrificing the state, whose servant he is, to the 
individual, whose servant he is not — yet it must be very hard 
to feel that in performing this duty, you are punishing the soul 
as well as the body ; and that the poor wretch, whom vicious 
propensities or early neglect have driven into crime, will leave 
your sentence more wicked and hardened than when it began. 
Thanks to the policy of your State and city, with its admi- 
rably graded institutions, from that " model " at South Boston 
to the reform school upon the island, your judges need no 
longer send the unfortunate victim of appetite to herd indis- 
criminately with persons hardened in crime, or give to the 
poor child his first and only education at the hands of thieves 
and prostitutes. Earlier judges were obliged to this as a 
duty. It is easier to feel, as we can now, that in punishing 
crime, and terrifying from evil doing, we are at the same time 
doing what is best for the criminal himself, and that justice 
and mercy can walk hand in hand. 

Begging pardon, Mr. Mayor, for having detained you so 
long, I take my seat. 



86 



Sixth regular sentiment: 

The Cotton States — Producers of the staple we consume, and con- 
sumers of the manufactures we produce. May the reciprocal tie of the 
Union, which springs from our mutually advantageous commerce, be 
cemented by continued warm and generous social relations. 

Gen. Palfrey, of New Orleans, responded as follows : 

Mr. President : — I must confess I am taken entirely by 
surprise in being called upon to respond to the toast. Al- 
though I am a military man, and contrary as I know it is 
to military rules, I assure you I am taken by surprise, and I 
feel that I cannot do justice to my feelings and to the senti- 
ment under the circumstances. But, Mr. President, I am 
sure I speak the sentiments of my fellow-citizens when I say 
every one of them cannot fail to reciprocate, without a single 
exception, every word contained in the toast just read. I 
assure you, Mr. President, I am very happy in having an 
opportunity to join you in the observances of the day. It 
is peculiarly interesting to me, from the fact that I am a 
native of the town of Boston. I was born within a few 
squares of this building, and in the year 1810 I removed to 
New Orleans. I say the present occasion is peculiarly in- 
teresting to me, and I am sure I have the right to call you 
my fellow-citizens, although I have the pleasure of a personal 
acquaintance with but very few here present. One of the 
gentlemen who addressed you, declared that he was walling 
that the bugle should sound a truce to political warfare, and 
I must say I join with him heart and soul in that sentiment. 
There is one thing, however, to which I should like to allude 
more particularly, had I not been called on so unexpectedly, 
and that is, that I think it is peculiarly a hard case for a 
man who has been a citizen of the South for fifty years, who 
was born in Boston, is an American citizen, and enjoys the 
protection of the stars and stripes, to return to his native 



87 



city and hear such sentiments promulgated as I have been 
obliged to listen to in the Music Hall to-day. Now, perhaps, 
I stand alone in the expression of such an opinion, but I felt 
it my duty to say a word concerning the matter. I have 
my own opinions and you have yours. Bunker Hill is ours 
as well as yours, and King's Mountain yours as well as ours. 
Gentlemen, I hope you will excuse me, for what I say is in 
sorrow and not in anger. In conclusion, I will give you — 

Boston and New Orleans — Two of the most important cities of the 
United States — linked together by the strongest tie of commercial in- 
terest — may they always be ready, as in times past, to defend the 
principles of our glorious and happy Union. 

Seventh regular sentiment : 

Tlie Orator of the Day — His eloquent address adds fresh laurels to 
the name of Sumner, already twice distinguished by a father and 
brother on the roll of the orators of Boston. 

George Sumner, Esq., the orator of the clay, respond- 
ed as follows : 

I am deeply grateful, Mr. Mayor and Fellow-Citizens, for 
the manner in which this sentiment has been received, as it 
shows that the memory of my honored father, and the name 
of my absent brother, are fresh in your minds. The allusion 
to my father gratifies not alone my filial feelings, but those 
which I have as a citizen of Boston, glad to see honor ren- 
dered to every example of integrity, justice and patriotism. 
You have spoken of him as one of the orators of Boston. 
May I be permitted to recall an occasion (not the fourth of 
July) on which, as it seems to me, he spoke also for Boston 
and with a certain eloquence. 

In 1812, the dominant interest of our city was strongly 
opposed to a war with England. At that time, a call was 
made for a national loan, and subscription books were sent 
to Boston. These were received in no complimentary man- 



88 



ner. In that street which witnessed the first conflict between 
British troops and American citizens, it was stated that no 
money would be given in Boston — and, moreover, that any 
one who subscribed to the loan should be stigmatized. These 
menaces had their effect. Days rolled on, no money came, 
and the jeers of the street were redoubled. At that moment, 
my father, then a young lawyer, sold some property, got 
together what money he could command, paid it to the agent 
of the national treasury, and put his name, solitary and alone, 
upon the stigmatized list. 

Two days after, the impulsive, warm-hearted, civic hero of 
our Revolution, in whom the spirit of party never rose supe- 
rior to patriotism, the venerable John Adams, came from 
Quincy and put his name also on the list. 

The subscription of my father was not large — it was the 
young lawyer's mite — but in standing forward when the 
national honor had been attacked, and in doing a patriotic 
act, in presence of menace, there was a civic courage, which I 
may, perhaps, be pardoned for remembering with a certain 
satisfaction. On that occasion, it seems to me that he was 
the real orator of Boston, speaking by action, not perhaps 
the dominant or the fashionable sentiment of the moment, but 
the sober second-thought of this great city ; which is always 
true to the national honor, and true to the principles of the 
founders of the Republic. 

I shall not follow the gentleman who has just preceded me 
in any discussion. This is Faneuil Hall, and this is the City 
of Boston. I congratulate him on being where every man is 
free to express his opinions. In so much of what I have had 
the honor to say this day in another place, as regards recent 
events in our own country, I am supported by Jefferson, by 
Hamilton, by Story, and by the great jurist of Louisiana, Ed- 
ward Livingston. With them I am content to stand or fall. 

In every part of Europe, but more especially in France, I 
have remarked, Mr. Mayor, the honor paid to our native 



89 



city. Landing at Boulogne, I found myself passing through 
the rue cle Boston; and in two other cities of France found the 
dear old name upon street corners. This honor is thus ren- 
dered, on account of the example given by Boston in her 
sacrifices for liberty ; and because she has always recognized 
the necessity of basing her liberty firmly upon law ; and as 
the guaranty of this, of keeping the legislative, executive and 
judicial functions separated from each other. 
Permit me, sir, to propose as a sentiment: 

The City of Boston — The first to make sacrifices for the liberties of 
the whole country ; the firmest in maintaining the Union formed to 
secure the blessings of Liberty to all. 

Eighth regular sentiment : 

The New England Clergy — Who instructed their people that resist- 
ance to tyranny was obedience to God. 

Eev. R. H. Neale, D.D., chaplain of the day, re- 
sponded. He spoke substantially as follows : 

In regard to the New England clergy, he was happy to 
say, that they went for the right — for the great principles 
of civil and religious liberty — for the constitution and the 
Union, God and their native land. 

Turning to the picture of Webster replying to Hayne, 
which is suspended behind the rostrum, the reverend gentle- 
man remarked that he spent his youthful days in Washington, 
and witnessed the scene here portrayed, and heard that 
address, in which was first uttered that great sentiment, 
" Liberty and Union, now and forever, one and inseparable." 
Although an admirable picture, yet it fails to convey a full 
conception of that august and. memorable occasion. The 
mien of Calhoun, and Clay, and Hayne, the coolness of the 
great orator, the fire of his eye, the breathless attention and 



90 



eager interest of the crowd of listeners, and other pecu- 
liarities which contributed to tnve that event a thrilling in- 
terest to every participator, could not be written — could 
not be painted. 

An amusing incident happened to Mr. Webster just after 
the great speech, which he would relate. For the purpose 
of a little relaxation, Mr. Webster went down into Virginia 
with some friends. They called at a farm house and asked 
for some milk and water to drink. The good woman of the 
house went to get some. Her husband, who had been in- 
tently reading a newspaper containing Mr. Webster's speech, 
asked Mr. W., "Do you know Webster." "Yes, I believe I 
do," was the reply. " Well, how does he look ? " " Rather 
savage," said Mr. Webster; "they say he looks like me." 
" Well, are you Webster ? " " Yes, they say I am, and I 
suppose it is so." By this time the wife came in with the 
milk and water. " Carry that back, carry that back ! " said 
the husband ; " this is Daniel Webster. Make a pitcher of 
hail-storm; nothing but hail-storm will do for Webster." 

The speaker said he did not wonder at the diversity of 
opinion which exists in regard to Powers' statue of Webster. 
No likeness would come up to our ideas of him. The 
speaker had seen many pictures of him — and some very 
fine ones — but not one had satisfied him. The admirers of 
Louis XIV., — the Grand Monarque — conceived the most 
exalted ideas of him ; and, after his decease, they were not 
satisfied with any portrait of him. They remembered him 
as a man of majestic proportions and kindly presence. To 
settle the matter, his body was measured, and found to be 
but five feet ten inches high. So of our estimate of those 
we admire. There is a presence, a bearing, a look about 
them which greatly elevates them in our conceptions. He 
was glad that Mr. Powers' statue was to be placed in the 
State House Grounds. The statue will not be judged by 
posterity by the cut of the coat or the pantaloons. It will 



91 



form its own idea of Webster from his intellect. Mind is 
the standard of the man. 

Ninth regular sentiment : 

The Signers of the Declaration of Independence ■ — Who fearlessly 
" pledged their lives, their fortunes and their sacred honor" to secure 
to grateful millions the blessing of Freedom. 

Mr. George H. Cumings responded as follows : 

I am very well aware, sir, that the honor of responding to 
the sentiment just given is owing wholly to the accidental 
position which I have held to-day, by the courtesy of your 
committee. You have alluded, sir, to that band of heroes 
whose signatures are familiar to every intelligent American. 

Of course, from a person of my age and inexperience, no 
eulogy can be expected upon those illustrious men who, by 
one act, linked themselves to a glorious immortality. 

Perhaps there was never anybody of men to whom Collins' 
beautiful ode is more applicable — 

" By fairy hands their knell is rung; 
By forms unseen their dirge is sung ; 
There honor comes, a pilgrim gray, 
To bless the turf that wraps their clay ; 
And Freedom shall awhile repair 
To dwell a weeping hermit there ! " 

Begging, therefore, to be excused from any direct response 
to the sentiment, I will ask your permission to mention one 
historical fact in relation to the Declaration of Independence, 
which may, perhaps, interest some present. Among the 
incidents connected with the promulgation of the Declaration 
is the circumstance that its first public reader in Massachu- 
setts was the celebrated Isaiah Thomas, a Boston boy, Mr. 
Mayor. On the 14th of July, 1776, the express-rider carry- 
ing the Declaration from Philadelphia to Boston, stopped at 



02 



Worcester, and waited until Thomas read the sacred instru- 
ment, from the meeting-house steps, to the listening citizens, 
who received it with every demonstration of joy and glad- 
ness. The year before he had earned the proud distinction 
of being one of the twelve proscribed by the British govern- 
ment. During the subsequent years of the war, this patriot 
printer and philanthropist continued one of the most active 
whigs of the province ; and the closing years of his long and 
honorable life were devoted to the collection of an immense 
mass of documents relating to our colonial and revolutionary 
history, and to the founding of that truly national institution, 
the American Antiquarian Society. Without trespassing 
further upon your time, I will propose, as a sequel to the last 
regular sentiment : 

The First Reader of the Declaration of Independence in the Old 
Bay State — An antiquarian, philanthropist, patriot, he lias won a worthy 
place in the history of our country ; may the youth of the present age 
emulate the manly independence of his character, and strive, with the 
same purity of purpose, to keep undimmed the reputation of our ancient 
commonwealth. 

Tenth regular sentiment : 

The Armies of the Revolution — No perils dismayed, no hardships 
disheartened the heroes of liberty — they confided in the Lord of Hosts, 
who aided them to triumph. 

No response was made, and the next sentiment was 
read. 

Eleventh regular toast : 

Our Navy of Both Centuries — The bold exploits of Manly, Paul 
Jones and Commodore Truxton, were a fitting prelude to the glorious 
achievements of Preble and Decatur, of Perry and Stewart, Bainbridge 
and Hull. 



93 



Hon. Thomas Russell, Justice of the Superior Court, 
responded substantially as follows : 

Mr. Mayor: — I have little right to respond to such a 
sentiment. I have cruised sometimes in Boston Bay, but 
have never performed any greater naval exploit than the 
capture of a poor ballast sloop, poaching on Gallop's Island. 
But to-day we are allowed to boast of our ancestors ; and 
I can tell of one, who in '76 commanded a ship, charged 
with revolutionary thunders ; and when in a contest with a 
superior force, two of his men deserted their guns, he killed 
them with his own sword, saying by his acts, what we should 
all echo in words, " Better a dead corpse than a living 
traitor." 

We have hardly done full justice to the naval heroes of 
the War of Independence, whose courage and skill in a 
hundred fights did so much to tear the red cross from the 
shores of the American continent, 

" And set the stars of glory there." 

To the gallant exploits of our navy in the war of 1812, we 
have done full justice. The world was startled at the 
thunders which shook the naval supremacy of Great Britain; 
and we shall never tire of reading and recounting those 
brilliant victories, which were needed to complete the inde- 
pendence of America, and which breathed into her the life 
of a new national existence. 

We may well be proud that while Boston and Massachu- 
setts disliked and opposed the war of 1812, they did so 
much to swell its glories by the noble hearts that crowded 
the decks of our frigates, and won victory for our country. 
Our fathers knew that war to be just. They didn't all be- 
lieve it necessary or expedient. But they made it glorious ; 
and even now we reap the fruits of their valor. 



94 



The insulting Right of Search has been given up ; and our 
flag protects the sailor who floats under its shadow. It is the 
often-repeated boast of England that " the poor man's house 
is his castle," which the monarch of England dare not enter. 
Our sailor need not retire to such a castle. The frail bunt- 
ing that waves over his head protects him from the touch 
of a hostile hand. One triumph remains to be achieved — 
to be gained, I trust, without burning a pound of powder, or 
spilling one drop of blood. The recognition of the right of 
every man to choose his own country ; the settled inter- 
national law, that when a man, from whatever nation he 
comes, has been clothed with the panoply of American citizen- 
ship, he shall henceforth be forever free from all claims of 
allegiance to any other power. 

And now I am reminded that we need not go back to 
1775, nor even to 1812, to find an American naval victory. 
I know you will agree with me that the conduct of the 
gallant Captain Ingraham, when he gave the protection of the 
American flag to an exile in a far oft' land, and taught the 
despots of Europe that the mere shadow of American citizen- 
ship was armor of proof to the poorest wanderer, was as 
truly a moral victory for America as if he had taken a score 
of hostile ships, or added ten thousand miles of fertile terri- 
tory to her expanding borders. And if Captain Ingraham 
had been attacked by an overwhelming force, and had gone 
down, as he would have gone down, beneath the blue waters 
of the Levant, with his flag still flying, unconquered even in 
death, who wouldn't have hailed the loss of his vessel as an 
American victory ? who wouldn't have been willing to inscribe 
his name with the names of Perry and Bainbridge and De- 
catur ? 

I honor Great Britain for her many national virtues. "We 
can afford to be generous to her on the fourth of July; and 
it is no treason to " Hail Columbia " that our hearts warm a 
little to " God save the Queen." And, most of all, I honor 



95 



England for the protection which she affords to the poorest 
of her subjects in the most distant lands. In whatever seas 
her mariners may wander, they can always feel that her 
mighty arm is ready to be laid bare in their defence. 

Let us imitate her ; let us surpass her in this and in every 
noble quality. What she does for native subjects, let us do 
for adopted children. And may the day soon come, — the 
day will soon come, when our country shall say to every 
citizen of the United States, as Captain Ingraham said to 
Martin Kozsta, " Do you ask protection as an American 
citizen? You shall have it." 

Twelfth regular sentiment : 

The Soldiers of Massachusetts — Ever ready at the call of their 
country, they cheerfullly laid down their lives to secure its independence ; 
and should its honor or safety again demand their services, they will 
prove by their endurance, discipline, and valor, that they are not degen- 
erate from the example of their fathers. 

Col. Cowdin was to respond to this toast, but being 
obliged to withdraw, he left a sentiment, which was 
read, as follows : 

The City of Boston — Distinguished for her liberality in her annual 
appropriation for the proper celebration of our National Independence. 
May her citizens ever- sustain the principles promulgated by the patriots 
of 76. 

Thirteenth regular sentiment : 

The Freedom of the seas — Never to be surrendered while our na- 
tional flag floats from the mast-head. 

A song, written by Dr. H. G. Clark, (music com- 
posed by Julius Eichberg,) was sung by Mr. George 
Wright, Jr., as follows, and was received with great 
favor : 



9G 



Run up our flag on every mast! 

Fling out to every breeze! 
For proud old England yields at last 

The freedom of the seas! 

Run up our flag, &c. 

Upon its folds of heavenly blue 

Sprinkle the stars of night? 
And pour the glorious sunlight through 

Its bars of red and white. 
Upon its folds, &c. 

Our Eagle greets the rising sun! 

And on the distant sea, 
Telling of peaceful victory won, 

( )ur flag is floating free! 

Our Eagle greets, &c. 

" No Right op Search!" forevermore 

Unchallenged on the sea, 
Our ships shall sail from shore to shore, 

Whate'er their errand be! 

No right of search, &c. 

Run up our flag on every mast! 

Fling out to every breeze! 
For proud old England yields at last 

The freedom of the seas ! 

Run up our flag, &c. 



Fourteenth regular sentiment : 

Spain — Ever to be remembered as the discoverer of the American 
Continent. We welcome her representative to our national festival. 

The Spanish Consul, Louis Lopez de Arzay y Noel, re- 
plied briefly. He knew of no government, with the 
exception, perhaps, of England, which received more 
commendation from Spain than that of the United 
States. He hoped that the present peaceful relations 
between the two countries would forever remain un- 
broken. 

His Honor the Mayor, said there was a venerable 
gentleman present, Mr. Samuel Yendell,* an old de- 

* The following extracts are made from an article from the pen of Hon. 
J. T. Buckingham, published in the Saturday Evening Gazette, giving some 



97 



fender of our national rights on the ocean, for whom he 
would ask the company to give three hearty cheers, 
which were given with much spirit. 

account of Mr. YendelFs life, and exhibiting a reason for the interest which 
is manifested in his welfare : 

"Samuel Yendell was born in Boston, March 15, 1769. His father 
was also a native of Boston, a mechanic, and probably not in very prosper- 
ous circumstances, for the son was obliged to provide for himself at a very 
early age. At the age of thirteen, that is, in 1782, he was one of the crew of 
the frigate Tartar, which was then cruising in the Atlantic Ocean, and made 
several prizes of British merchant vessels. After serving six months on board 
the Tartar, he became an apprentice to a boat-builder, with whom he served 
till twenty-one. In 1791, he sailed with Capt. Robert Gray, in the capacity 
of ship-carpenter on board the ship Columbia. It was during this voyage that 
Capt. Gray discovered, and with his ship and crew entered, the " Oregon," 
or " Great River of the West," and gave to it the name of his ship. This 
incident, which has rendered the ship and its commander memorable in our 
commercial and political history, happened on the 13th of May, 1792. Mr. 
Yendell has preserved a number of pictures, taken by one of his shipmates, 
of the natural scenery of the islands which they visited in the course of their 
voyage — all which he is pleased to show to the friends who visit him, and 
gives a very intelligent description of rencontres with the natives of those 
barbarous regions. He was one of the workmen employed in building and 
launching the frigate Constitution, in 1797 and 1798. He is the only survivor 
of the crew of the Columbia, and it is believed that, of all the mechanics 
employed on the Constitution, but very few remain to tell us of the fact, and 
entertain their hearers with details of their labors 

" From the beginning of his busy life, Mr. Yendell has been remarked for 
industry, honesty, and other virtues, not the least of which is temperance. 
He was never known to drink intoxicating liquor of any kind, nor to provide 
it for the workmen he employed 

" This venerable old man, now past the age of ninety, receives a small 
pension from the government, in consideration of his patriotic youthful service 
on board the Tartar. His physical faculties seem to have suffered no decay 
but such as is inevitable, and are in as perfect a condition as a healthy and 
cheerful temperament can promise to a survivor of three generations. His 
memory, too, is capacious and retentive. He is believed to be the oldest mem- 
ber of the Massachusetts Charitable Mechanic Association, though not the 
senior in membership, which dates from 1816. He has always been punctual 
in his attendance on the meetings, and fulfilled all the duties required of him 
as a member. He has never sought or desired popularity, but he has attained 
13 



98 



After the proposal of one or two volunteer senti- 
ments, and rounds of cheers for the Mayor and the 
Toast-Master, the company separated. 

all he wished — the character of a worthy and honest man. He takes pleas- 
ure in seeing and conversing with friends ; he salutes them with cordiality, 
and entertains them with reminiscences, without the infliction of tedious 
garrulity. He is truly an interesting relic of the past." 



CORRESPONDENCE. 



CORRESPONDENCE. 



In reply to the invitations sent to persons distin- 
guished in political, military and literary walks of 
life, numerous letters of regret on account of in- 
ability to be present, were received. The following 
are some of them : — 

Washington, June 28, 1859. 
Gentlemen : — I am much obliged to you for the honor you have 
done me, by inviting me to attend the celebration of the approaching 
anniversary of American Independence by service in the Music Hall, 
and by a dinner at Faneuil Hall, and to express my regret that the 
pressure of official business will prevent me from being present upon 
that interesting occasion. 

I am, gentlemen, with great respect, 

Your obedient servant, 

LEW. CASS. 
Fred. W. Lincoln, Jr., Mayor, and Committee, &c, 

Gentlemen : — I sincerely thank you for your kindness in sending 
me an invitation to be present at the services and the dinner, on the 
birth-day of our Independence. 

The state of my health prevents me from accepting your invita- 
tion, but it does not prevent me from expressing my heartfelt thank- 
fulness to a kind Providence that this glorious day returns upon us, 



102 



finding our beloved city in the enjoyment of so good a government, 
and in so much health, prosperity and happiness; nor from breathing 
the fervent aspiration — " Esto perjyetua ! ' " 

With much respect and esteem, 

a native, and for fifty years a minister of Boston, 

CHAS. LOWELL. 
Elmwood, July 1, 1859. 

Summer Street, June 28, 1859. 
Gentlemen : — I am greatly obliged to you for the honor of an 
invitation to the celebration of the approaching anniversary of the 
National Independence, by the City Council. Should the state of 
my family permit, it will afford me great pleasure to be present on 
the ever interesting and important occasion. 

I remain, gentlemen, 
With the best wishes for a prosperous celebration, 

Your fellow-citizen and friend, 

EDWARD EVERETT. 

His Honor the Mayor, and Committee, &c. 

Natick, July 2, 1859. 
Gents : It will not be in my power, owing -to an engagement at 
Lawrence, to accept your kind invitation to unite with the City 
Authorities of Boston in the celebration of the coming anniversary 
of National Independence. I assure you that it would afford me 
great pleasure to be with you, and I thank you most sincerely for 
your kind invitation. 

Yours, truly, 

HENRY WILSON. 
To Hon. F. W. Lincoln, Jr., 

and other gentlemen of the Committee. 

Antiocii College, Yellow Springs, ) 
July 8, 1859. > 

Hon. Frederick W. Lincoln, Jr., Mayor, &c. &c. 

Dear Sir : — I have this day received your kind invitation to be 
present at your city celebration of the Fourth. 



103 



It is a little too late for acceptance or for a toast, but it is not too 
late to express my thanks for your kind remembrance of me, nor my 
deep interest in the honor and renown of the City of Boston — more 
dear to me now than ever, since I see its excellencies by the light of 
contrast. 

I remain, faithfully and truly yours, 

HORACE MANN. 

Springfield, June 29, 1859. 
Sir : — It would give me great satisfaction to make my respects to 
the authorities of my native city, by accepting their invitation for the 
4th of July, but public duties here forbid it. 
With high respect, 

Your obedient servant, 

W. B. CALHOUN. 
His Honor Mayor Lincoln. 

New Bedford, June 23, 1859. 
. Gentlemen : — I have received your note of invitation to attend your 
celebration of 4th July at Music Hall, and to unite with you at dinner at 
Faneuil Hall ; and if I had not already made private engagements for 
the day, I would gladly accept. But I am compelled to decline your 
kind invitation, and remain, very sincerely, 

Your friend and servant, 

THOMAS D. ELIOT. 
His Honor Frederic W. Lincoln, Jr., &c, &c. 

New Bedford, June 29, 1859. 
Gentlemen : — Your polite invitation to be present at the celebration 
of the approaching anniversary of American Independence was duly 
received. 

As that day is also to be commemorated by our citizens by a public 
celebration, I am necessarily obliged to decline its acceptance. 
Very respectfully, gentlemen, 

Your obedient servant, 

WILLARD NYE. 
Hon. Frederick W. Lincoln, Jr., 

and the Committee of Arrangements, &c. 



EVENTS OF THE CELEBRATION. 



EVENTS OF THE CELEBRATION. 



The initiatory steps for a celebration of the anniversary 
of American Independence were taken in the month of 
March, and a Joint Special Committee was appointed to 
make suitable arrangements, consisting of Aldermen Willis, 
Amory, Atkins, Allen, Crane, Holbrook and Bailey, with 
Councilmen Doherty, Robbins, W. C. Burgess, Faxon, Slade, 
Drake, Frederick, Page, Carpenter, Cowdin, Paul and James. 
By invitation of this Committee His Honor the Mayor 
cooperated with them in the active discharge of their 
duties. The labor of preparation was divided among six- 
teen sub-committees, whose doings were ratified by the 
full Committee, and thus a complete programme was filled 
up, and caused to be published to the citizens at large. 

DECORATIONS. 

Faneuil Hall, City Hall, and the entrances to the Com- 
mon were tastefully decorated by Messrs. Lamprell & 
Marble. 

A magnificent arch of flags decorated the main entrance 
to Faneuil Hall. In the main hall, festoons of various col- 
ored bunting descended from a firmament of stars on a 
blue field in the centre of the ceiling, to the several pil- 
lars. Flags of all nations were gathered in tasteful fes- 
toons at the windows, interspersed with shields, and on 
each pillar were appropriately draped flags of different 



108 



nations, American flags appearing in the centre. Surmount- 
ing all of these, and projecting from the cornice, were 
small American flags on staffs with gilt ornaments, while 
below, red, white and blue bunting extended entirely around 
the hall, passing above and below the picture of Webster 
replying to Hayne. Around the galleries were panels of 
blue and gold, bearing the names of all the Presidents of 
the United States, with the exception of that of Washing- 
ton, which was on an arch of velvet, extending either side 
of and spanning the clock on the front of the east gallery, 
and with which, on the same ground, was the motto, " In- 
dependence declared July 4, 1776." The large eagle over 
the clock was surrounded with a glory of flags, and the 
doors to the galleries were appropriately draped. On the 
outside of the hall was a large flag extending from the 
centre, and numerous smaller ones from windows, while on 
another line of flags was the motto, " This day is sacred 
to the liberty and rights of mankind." And on the reverse 
was " July 4, 1776." The platform in the hall was beau- 
tifully decorated with flowers. 

The City Hall was gaily decorated outwardly. Four 
flagstaffs were erected on the roof; a large American flag 
floated from the cupola, on the centre apex staff the Amer- 
ican Jack, on each wing smaller American flags, and from the 
staff on the centre to the base of each staff on the wings 
were extended lines of smaller flags. From each window, 
front and rear, staffs projected bearing flags of all nations, 
and from the centre apex in front were two large American 
flags, draped and surmounted by a glory of smaller flags, in 
the centre of which was a large figure of the City Seal. 

A large Roman arch spanned the Park street entrance 
to the Common. This arch was bright with gold and varie- 
gated colors, and on the Park street front, bore in letters of 
gold the motto, " What the Fathers gained may the Sons 
preserve." On the reverse was "July 4th, 1776." On 



109 



the keystone to the arch was a medallion head of Washing- 
ton, and on the pillars, representations of ancient war im- 
plements, and a large American shield. Surmounting all, 
on the front, was a representation of the American Eagle, 
supported on one side by an Indian with his Pipe of Peace, 
and on the other by the Goddess of Liberty. 

Around the large music stand on the Common were seven 
flagstaffs, and as the several National Airs were performed 
by the united bands, the American, English, French, Sardi- 
nian, Russian, Austrian and German flags were hoisted, and 
remained fluttering in the breeze throughout the day. 

From the Court House across Court street was a line 
of flags, and the motto, " If we have but one day to live, 
let that day be devoted to our country." On the reverse, 
" The Freedom and Independence of America." 

Across the junction of Court, Hanover and Howard streets 
floated numerous flags, and the motto, "Our Fathers of '76." 
On the reverse, " They nobly dared to be free." 

A line of flags extended from Tremont Temple across to 
the Tremont House, and in the centre was the motto, " Peace, 
Liberty and Independence — Our glorious inheritance." On 
the reverse, " July 4, 1859." 

Across Union street, from Campbell's to Chipman's store, 
was a display of flags, and the motto, " September 17, 1630. 
It is ordered that Trimountain shall be called Boston." On 
the reverse, " July 4, 1776. A day never to be forgotten in 
the annals of America," 

The front of the Museum was decorated with a great 
variety of flags. 

The Howard Athenamm was gaily decorated with flags 
of different nations, and in the centre in front was a very 
large painting of the Battle of Buena Vista. 

Flags floated from the cupola of the old State House, also 
from the State House on Beacon Hill, and other prominent 
points in the city. 



110 



The shipping in the harbor was tastefully and abundantly 
decorated with flags and streamers. 

MORNING CONCERT. 

"With the agreeable experience of two years to sustain the 
measure, a " Grand Military Concert " was given upon the 
Common at 8 A. M. by a body of sixty musicians from Gil- 
more's Band, the Germania Band, Hall's Boston Brass Band, 
and the Brigade Band, the entire orchestra lead by Mr. B. 
A. Burditt. The music stand, instead of being on the Parade 
Ground as before, was erected at a point east of the two 
hills, and a more admirable position could hardly have been 
selected. The crowd in all directions was immense, some 
eight or ten thousand people at least assembling to hear the 
music, and frequent hearty applause attested the acceptabil- 
ity of the entertainment. The programme was as follows : — 

1. Yankee Doodle, in three different movements. 

2. Marseilles Hymn. 

3. Russian National Hymn. 

4. Honor to Washington. 

5. German National Hymn. 

6. God Save the Queen, (accompanied by the Guns of 

the Artillery.) 

7. Star Spangled Banner. 

8. Sardinian National Hymn. 

9. Austrian National Hymn. 

10. Hail Columbia, (accompanied by the Guns of the Light 

Artillery). 

11. Finale — Old Hundred. 

The Light Artillery was under the command of Capt. 
Nims. The gun's were fired by the three Lieutenants, and 
to them is the credit due for the precision exhibited in the 
salvos that so heightened the effect of the music as to excite 



Ill 



the warmest enthusiasm of the vast assemblage. The con- 
cert closed at 9 o'clock. 

MILITARY REVIEW. 

As soon as the morning concert ended, the Second Regi- 
ment of Infantry, Col. Robert Cowdin, which was engaged to 
escort the city procession, marched upon the Common to be 
reviewed by His Honor the Mayor. Six companies were 
represented, two of them, the Roxbury City Guard and the 
Union Guard, appearing in the newly adopted gray uniform 
of the regiment. The Independent Fusileers and the Wash- 
ington Light Guard wore their company uniforms, and the 
Boston Phalanx and Pulaski Guards wore the blue regimen- 
tal uniform. The six companies turned out with about 240 
men, and their appearance was very creditable. 

children's celebration. 

The Children's Celebration took place, as last year, on the 
Public Garden, and under the charge of the pastor and 
teachers of the Warren street Chapel. Without going into 
a minute and extended account of particulars, it may be said 
that the success of the affair was complete in all particulars. 
The threatening clouds of the early morning gave way to 
sunlight before it was time for the festivities to commence, 
and then the throng of men, women and children began to 
pour in. The garden itself never looked lovelier, and as it 
was decked out with tents and flags, and fandangoes, and 
gymnasiums, and other fancy structures, there was no mistak- 
ing the holiday appearances. 

The separate features were sufficiently numerous and di- 
versified to satisfy all varieties of taste and disposition. In 
the great dancing tent the Germania orchestra furnished 
music to which thousands of juvenile feet tripped lightly 
and joyously, for hours together, and the older people looked 
on from the raised platform with scarcely less delight than 
that experienced by the little ones. 



112 



In the tent of the necromancer, Mr. Harrington, a dozen 
audiences laughed and were merry at the wonderful tricks 
and odd sayings which greeted their eyes and ears. 

Swings, almost without number, were in use constantly, 
changing occupants as fast as the boys and girls, seized with 
some new fancy, ran to the gymnasium, or to watch the 
queer Chinese kites, or those animal-shaped balloons, which 
vainly endeavored to break from their fastenings on the 
island, their seemingly intelligent exertions making a most 
laughable appearance. 

The flower tents were duly patronized, and the whole 
garden seemed to be full of contented and happy people, of 
both sexes and all ages. 

PROCESSION. 

The usual city procession formed in front of the City Hall, 
and started from that place at half-past ten o'clock. Owing, 
probably, to the very comfortable temperature, the procession 
was unusually full. 

The Chief Marshal was Charles H. Allen, Esq., and his 
assistants were the following named gentlemen : — Win. B. 
Fowle, Jr., George S. Walker, Amory Leland, Theodore H. 
Dugan, Spencer W. Richardson, Richard A. Newell, Joseph 
W. Woods, Abel Horton, B. F. Wilson, Roswell D. Tucker, 
Robert B. Brown, James D. Kent, John N. Fuller , William 
B. Jackson, Charles G. Johnson, Andrew G. Smith, E. W. 
Rowland, Hamlin W. Keyes. 

The escort was furnished by the Second Regiment of In- 
fantry, with the Boston Brass Band. Gilmore's Band 
furnished music for the body of the procession. It moved 
from the City Hall, through School, Washington, Court, and 
Tremont streets to the Common ; through Park, Beacon, 
Charles, Boylston and Tremont street Malls to West street, 
thence through Tremont and Winter streets to the Music 
Hall. 






113 



As the procession entered the hall a voluntary was played 
by the Boston Brigade Band. A choir of about one hundred 
children, under the direction of Mr. Charles Butler ; then 
chanted the " Venite Exultemus Domino :" 

O come, let us sing unto the Lord : 
Let us heartily rejoice in the strength of our salvation. 

Let us come before his presence with thanksgiving : 
And show ourselves glad in him with psalms. 

For the Lord is a great God : 
And a great King above al) gods. 

In his hands are all the corners of the earth : 
And the strength of the hills is his also. 

The sea is his, and he made it : 
And his hands prepared the dry land. 

O come, let us worship and fall down ; 
And kneel before the Lord our Maker. 

For he is the Lord our God : 
And we are the people of his pasture, and the sheep of his hand. 

O worship the Lord in the beauty of holiness: 
Let the whole earth stand in awe of him. 

For he cometh, for he cometh to judge the earth ; 
And with righteousness to judge the world and the people with his truth. 

Glory be to the Father, Almighty God, 
Through Jesus Christ, our Lord. 

As it was in the beginning, is now, and ever shall be. 
World without end. Amen. 

Amen, Amen. 

Prayer was offered by Rev. R. H. Neale, D. D. 
The following original ode was sung by the choir of chil- 
dren: 

Jubilate! Jubilate! 

O'er the land the sound we hear, 
With a note of freedom thrilling 

Every patriotic ear ! 
Listening we catch the meaning 

Of the mighty strain sublime, 
Rolling on and on like echoes, 

" Through the corridors of time." 

Jubilate ! &c. 

Hark! 'tis still the self-same story 

That our fathers wrote in fire, 
Eecord of an olden glory 

For their children to admire; 
And we feel its revelation, 

Making every pulse aglow, 
Throbbing with the same pulsation, 

As the heart of long ago 

Jubilate! &c. 
15 



114 



Here anew we vow to cherish, 

What they shed their blood to gain ; 
Ne'er through our neglect shall perish, 

Seeds they sowed mid strife and pain ; 
And like children round a father, 

On this hallowed natal day, 
We in new affection gather 

Filial love again to pay. 

Jubilate! &c. 



The Declaration of Independence was read by Mr. George 
H. C innings, in a very effective manner. A national ode, 
the words by Mr. William Winter, and the music by Mr. B. 
A. Burditt, was then sung, as follows : 



HONOR TO WASHINGTON. 

Honor to Washington, our nation's pride! 

Honor to Washington ! 
The fearless warrior, the faithful guide, — 

Columbia's noblest son! 
The first in War, so wise and brave, — 
The first in Peace, with counsel's grave, — 
Give him our love to gild a stainless name, 

And homage not to cease! 
Give him our love to gild a stainless name, 

And homage not to cease! 
Chorus — He gave us Freedom! He gave us Union ! 
Honor to Washington! 
He gave us Freedom! He gave us Union! 
Honor to Washington ! 

The name of Washington, how grand and pure! 

Where shall its like be found ! 
By Glory consecrate, and kept secure 

On Freedom's hallowed ground ! 
Emblem of Liberty and Right, 
Brilliant with Virtue's holy light, 
It lives the first of all the world's renowned, 

By all the world revered ! 
It lives the first of all the world's renowned, — 
By all the world revered ! 
He gave us Freedom ! He gave us Union ! 

Honor to Washington! 
He gave us Freedom! He gave us Union! 
Honor to Washington! 

Deeds of great Washington, — long let them live, — 

For God, and Truth, and Right- 
Let History's storied page their virtues give 

In Glory's fadeless light! 



115 



No thought of self, in act expressed, 
Guided bis arm or filled his breast; 
With heart and hand the gen'rous hero strove, 

And freed his native land! 
With heart and band the gen'rous hero strove, 
And freed his native land! 
He gave us Freedom! He gave us Union ! 

Honor to Washington! 
He gave us Freedom! He gave us Union! 
Honor to Washington! 

Fame of our Washington, far be it spread, — 

A glory and a grace, — 
The light of Liberty and hope to shed 

O'er all the human race. 
While stars shall shine, and rivers run, 
All men that dwell beneath the sun 
Shall crown him chief among the People's lords, 

Though crowns he did disdain! 

He gave us Freedom ! He gave us Union ! 

Honor to Washington! 
He gave us Freedom! He gave us Union! 

Honor to Washington! 

Mem'ry of Washington,— Time bears it down 

Spotless through ev'ry age! 
All nations hallow now, with fair renown, 

The Soldier, Patriot, Sage! 
For though the warrior's laurels fade, 
And fame of martial deeds grow dim; 
Time cannot waste nor blight with any shade 

Our sacred love for him! 
Time cannot waste nor blight with any shade 
Our sacred love for him! 
He gave us Freedom! He gave us Union! 

Honor to Washington! 
He gave us Freedom! He gave us Union ! 
Honor to Washington! 

Mr. George Sumner then delivered his Oration, after which 
the Doxology was sung, and a benediction was pronounced 
by the Chaplain. 

The company then separated, and the City Council, witli 
their guests, proceeded to Faneuil Hall to partake of the 
usual dinner. 

BALLOON ASCENSIONS. 

The programme for the day included two balloon ascen- 
sions by those well reputed, and as the result proved, skilful 



116 



aeronauts, Messrs. King and Allen, of Providence. At five 
o'clock, the hour assigned, an immense concourse of people 
assembled on the Common to see the start. Both balloons 
ascended finely, and the spectacle was one of the grandest of 
the kind ever witnessed. 

In the " Frolic," the first to go up, and which has a capacity 
of 15,000 cubic feet, Mr. Allen ascended, accompanied by his 
brother's wife. Mr. Allen's brief account of his voyage 
states that he reached the height of 5,000 feet in twenty 
minutes, and after enjoying for about half an hour the beau- 
tiful panorama stretched beneath him, he descended on the 
Agricultural Fair Grounds, where he left Mrs. Allen. He then 
rose again, and after remaining up three-quarters of an hour 
finally descended at Savin Hill, where he was very hospitably 
entertained by Messrs. Stedman, Tuttle and others. 

Mr. H. T. Rockwell, clerk to the committees of the City 
Council, was a passenger in the " Queen of the Air," and 
furnished the following account of his trip to the daily press 
of the 5th of July : "The -Queen of the Air ' is the largest bal- 
loon owned by Messrs. King & Allen, and will contain 33,000 
cubic feet of gas. Of course it makes a splendid as well as 
a monstrous appearance when inflated ; and yesterday, every- 
thing being ready for the start, as the ballast bags were re- 
moved, and it rose so as to give the car full swing upon the 
ground, excitement was plainly marked upon the faces of the 
thousands who waited with impatience for the word ' let 
go ! ' This excitement was undoubtedly shared by the pro- 
spective passengers on the aerial trip about to begin — of 
course not by Mr. King, whose experience makes a balloon 
excursion an every-day matter to him — but to some extent 
by myself and my pleasant compagnon de voyage, Mr. Ezra 
Forristall, Jr. It will seem not at all strange that, setting 
out on our first balloon trip, we should feel some excitement ; 
in my own case I endeavored to conceal the slight trepidation 
which was really felt in order to shame down the friendly, but 



117 



less pleasing than direct, hints as to my probable destination. 
Epitaphs and obituary notices were volunteered, and oilers 
were made to share my estate by virtue of an ante-mortem 
document, which everybody of large property is supposed to 
prepare just before taking final leave of the world. All 
these kindnesses I rejected, and took my seat in the car, 
comparatively resigned and confident. There was some 
difficulty in starting, on account of the heavy character of the 
gas. It seemed at one time as though we should not be able 
to get off with a full complement of passengers. Pouch after 
pouch of ballast was thrown out, until not the whole of one 
pouch remained. At last the balloon rose — slowly at first 
— then a little faster, and still up, up, up, till we reached the 
height of about half a mile. It was a little before half-past 
six when we started, and in five minutes our barometer indi- 
cated 28£, showing that we were about 2,500 feet high. 

" It would hardly be supposed that in so short a time we 
could fix in our minds any distinct impression of the novelty 
and grandeur of the scene ; yet I think that we could appre- 
ciate, perhaps with as much force as those below, the follow- 
ing beautiful lines, written for us by a young lady, printed 
copies of which we threw out as we rose : 

" ' As soars the bird with his majestic sweep, 
Longing some higher light and life to reap; 
And leaves with rapid wing retiring earth, 
For upper spheres whose ancestry and worth 
Divinity alone can comprehend ; 
So we, aspiring, filled with hopes which lend 
A glory to this grand, exultant day, 
Part from thee, Earth, and fly away, 
Leaving terrestrial things to fade and die; 
While soaring, boundless thought and daring eye 
Glow with the grandeur of the wondrous scene; 
And restless longing gains a rest serene. 
Still golden threads unite our lives to thee; 
Hands may unclasp, yet hearts not severed be. 
So ere we reach the utmost gates of blue, 
We drop this white-winged ' farewell ' unto you ; 
And ask rich benisons and prayers whose might 
Shall help us grasp the eternal in our flight- 
That through our coming years there shall be wrought 
A noble life from Heaven's own glory caught. 
" ' Balloon Queen of the Air, July 4, 1859." 



118 



" Our first course was westerly, but at the hour when we 
started the vigorous breezes of the day had died away, and 
the air hardly stirred the flag on the State House Cupola. I 
do not think we went farther west than Charles street, cer- 
tainly not many feet beyond the Public Garden fence, when 
a counter current of air — imperceptible to novices, because 
so light — carried us back over the lower end of the Com- 
mon, and in the direction of South Boston. Our height did 
not increase rapidly, although we maintained it satisfactorily, 
continuing in our south-easterly course. The thermometer, 
which at starting indicated 65 degrees, had now fallen to 60£, 
but the atmosphere was the most genial possible j and, al- 
though in turning to the sun, our faces would feel somewhat 
warm, in other respects we could not discover any peculiar 
conditions, except, perhaps, the seeming absence of all wind. 

" It must be borne in mind that our height was much less 
than that usually attained by aeronauts, and certainly much 
less than we desired to compass. We reached our gfeatest 
height at twenty minutes to seven o'clock, when we had been 
up a little more than fifteen minutes ; at this point the barom- 
eter had fallen 30.1 inches, showing that we were about three 
thousand feet high. We were nearly over the foot of Sum- 
mer street, going in a south-easterly direction. Cutting 
across the ' South Boston flats,' we went almost directly 
over the kerosene oil-works, and then across the Point, out 
towards Long Island. In the meantime we had caught sight 
of the other balloon, the ' Frolic,' in a stationary position, 
apparently landed, and we afterwards learned that it was in 
the Agricultural Fair Grounds. It soon after rose and float- 
ed off to the west of us, and apparently quite as high, coming 
down, as it seemed to us, in Dorchester. 

" When at our highest altitude, we drank our own several 
healths and those of all the rest of the world, in a bottle of 
sparkling Catawba, and the two passengers were never 
better pleased with their position than at that particular 



119 



moment. The sight was beautiful beyond measure, aside 
from the fact that we could not see more than forty or fifty 
miles inland on account of the smoke which, rising from the 
thousand towns and villages otherwise within sight, had accu- 
mulated during a whole day of explosive and illuminative pa- 
triotism. Still we could see the greenness of the earth and 
the splendor of the water, as far as the eye could reach. 
' Ten miles to the Outer Light ' was but one span in twenty 
that our vision covered in the seaward aspect. Steamers la- 
bored slowly, like creeping turtles, and a hundred white-winged 
vessels were like so many butterflies shining in the sun, upon 
a broad and splendid mirror. Yachts seemed like the veriest 
playthings, and the Deer Island Hospital, not far at our left, 
was like a wooden block which a child in its cradle might 
play with at ease. Looking back upon the Common, the rich 
green of the foliage and the grass contrasted strangely with 
the dead and almost sombre hue of the bricks and pavement 
around. When we first rose, the sight on the parade-ground 
of the Common — where not less than thirty or forty thousand 
people were congregated — reminded me of nothing so much 
as the appearance presented by a million cheese-mites under 
a microscopic glass ; all groping about in contrary and aim- 
less directions, apparently with the utmost slowness and de- 
liberation, changing places constantly, but the whole remainiug 
there, a vast moving testimonial of the insignificance of man 
and the greatness of the creation. Men and the whole of 
their doings — their great houses, their dreadful locomotives, 
their iron ships, their planting and their harvest — all dwin- 
dled to nothing. Like so many vain automatons, thinking 
themselves the power, while they are but tools, was the whole 
life and work of men, as they appeared to one in a balloon. 
Yet with these humiliating thoughts, nothing was more prom- 
inent in my mind in our super-earthly journey, than the ex- 
altation of the great Creator and keeper of all these atoms 
and this vast and wonderful whole. If one needs confidence 



120 



in the power and wisdom of God, let him rise in the upper 
air, and see how great is the earth and how small is himself. 

"But, to pursue the narration of our journey. Soon after 
getting fairly above the water, we observed the oft-rehearsed 
but much discredited phenomenon of the appearance of the 
transparency of the water. We could plainly see the bottom, 
and observed the distinctly marked channel-ways, and the 
margin of discoloration produced by the flowing of the dirty 
shore water through a sheet of clear, wholesome-looking sea. 
We dropped our empty champagne bottle to the water, and, 
as it struck, a beautiful white spray was thrown up, apparent- 
ly to a considerable height. Some fifteen seconds were occu- 
pied by the bottle in falling two thousand five hundred feet. 
This brings me to the fact that we had now begun to descend 
— a fact which we should not have discovered had it not been 
for the faithful indication of the barometer. The current of 
air prevailing, set towards the shore, but very slowly. Down 
went the indicator of the barometer, and over went our little 
store of ballast. The deep water was right under us, and 
still down we went, the inward current being almost imper- 
ceptible. What else could be thrown overboard ? There 
was another bottle of champagne, untouched. Over it went ! 
with a benediction. Still we kept going down, till finally, — 
splush went the basket in the seaweed on Cow-pasture Bar, off 
Dorchester. We struck so lightly that there was no rebound, 
and the car only sunk an inch or two. The only wetting we 
experienced was upon one of my boots, Mr. King and Mr. 
Forristall having sprung upon the seat sooner than myself. 
For a short time we drifted in towards the South Boston 
shore, but after going perhaps a hundred yards, we came to a 
dead stop. We ranged quite a distance, perhaps a mile from 
any residences, and as yet we saw no signs of assistance ; not 
that we were anxious, for on the contrary, we all regarded 
our condition as exceedingly jolly. A dead stand-still in the 
middle of a half mile of muddy sea-weed was, however, more 



121 



than we bargained for. The next thing to be done was to do 
the best thing we could, viz., to take off our coats, and reach- 
ing out our hands, to grasp the sea-weed and pull ourselves 
shoreward as fast as possible. This we did, but our headway 
was slow. The weeds were thick and very nasty, but would 
break away almost upon touch. Occasionally an eel would 
jump one side just under our hands, to keep up the pleasant- 
ness of the sensations. 

"Presently we saw a boat coming from Dorchester Point, and 
when it reached us we were very glad of the assistance of the 
two men who had taken the trouble to wade a mile in the 
marsh to help us. These men were George F. Wheeler and 
Rufus H. Hildreth of Commercial Point. As soon as we 
reached reasonably hard footing, other men had arrived, and 
after placing some ballast in the basket, the men took hold 
of the grapnel rope, and I jumped out to assist them. The 
balloon was now just light enough to l go alone,' and occa- 
sionally it gave the men who had the rope quite a tug. How- 
ever, we reached dry land, after traversing three-quarters of 
a mile of salt marsh, near the Old Colony Railroad, and at 
the foot of Crescent avenue, Dorchester. Here we found 
quite a number of the residents of that locality awaiting our 
approach, and we had not long to wait an urgent invitation to 
visit a neighboring house and refresh ourselves. Mr. King 
let the gas escape from the balloon as soon as possible, and 
about nine o'clock everything was packed and on board a 
wagon, ready to be sent into Boston. I may state here that 
when we struck, the hour was ten minutes past seven o'clock, 
we having been up just forty minutes. The thermometer in- 
dicated 60£, soon after descending. 

" In concluding, I desire to express, in behalf of Mr. King, 
Mr. Forristall and myself, our thanks to Mr. Flavel Moseley 
and his family, for their extreme hospitality and kindness to us. 

" Few aeronauts are so fortunate in their place of descent 
(barring the salt marsh,) as we were yesterday. And on my 

16 



122 



own account, I desire to thank the Committee of the City 
Council for their kindness in giving- me the opportunity to 
make a ' balloon ascension,' an opportunity which has given 
me the choicest experience of my life." 

THE CITY EEGATTA. 

The regatta was to take place upon Charles River, from 
Braman's Baths westerly, and an immense concourse of spec- 
tators flocked to see it. The housetops on all sides were 
covered with beauty and valor, windows were crowded with 
loveliness and gallantry, the shores were lined with modesty 
and courage, and the river Charles bore upon its unac- 
customed bosom a tide of living humanity, inspiring to 
the contestants and pleasant for others to look upon. — 
Four races were announced, and the total amount of prize 
money was $440. The first race was for single-scull wherries, 
in two classes, "shells" and "lapstreaks" or "clinkers." 
For each of these classes there was a first prize of $50, and 
a second prize of $20. Both classes to start at the same 
time, to row over a course of one mile, and return to the 
judges' boat. This judges' boat was the city yacht " Quaran- 
tine," and the judges were Messrs. Alfred Whitman, Geo. H. 
Braman, Amos F. Leonard, Win. Coughlan, and M. Doherty. 
For the single-wherry race there were entered — 

1. "Star," by W. Moore; 2. "Zouave," T. Daly; 3. "Sword 
Fish," J. McKay; 4. "Blue Fish," P. H. Colbert; 5. " Olivia," 
R.M.Pratt; 6. "Autocrat," M. F. Wells; 7. "L'Esperance," 
R. F. Clark; 8. "Horace Jenkins," T. M. Doyle; and 9. 
" Thrush," C. F. Driscoll. Numbers 3, 7 and 8 are shells 
the rest lapstreaks. The " Sword Fish," although pulled by 
a maker of wherries, quietly drew aside after going about a 
quarter of a mile, so that the shell contest was between Nos. 
7 and 8. Mr. Doyle has a new shell of the same model as 
" L'Esperance," but as he had only been out in it once, he 
preferred to take his old one. The water was somewhat 



123 



rough, and Mr. Clark, who was not hard pressed, came in 
leisurely in 14m. 53s. The time of the " Horace Jenkins " 
was 15m. 4s. Of the lapstreaks, the "Olivia" made alto- 
gether the best time, 15m. 29 s. Her nearest competitor was 
the "Zouave," 16m. ll^s., which, therefore, took the second 
lapstreak prize. The " Blue Fish " was but one second 
behind the " Zouave." 

The second race, for double-scull lapstreaks, was over the 
same course as the last. Prizes $50 and $20. There were 
entered the "Novice," by H. H. Brackett and N. H. Carpen- 
ter ; " E. K. G.," T. Daly and P. H. Colbert, (both of whom 

pulled in the first race;) " Spark," J. Stevens and Fox; 

and "Dash," Joseph Gilford and Thomas Foster. These four 
went off very well, and the victors made good time. The 
"E. K. G.'s" time was 14m. 49s.; "Novice," 14m. 59s.; 
"Spark," 15m. 30£s. ; and "Dash," (which was intercepted, 
on her return, by a sail boat,) 17m. 28^s. The prizes, of 
course, were given to the " E. K. G." and " Novice." 

The third race was for a distance of three miles, for four- 
oared boats, without distinction of make. Four boats en- 
tered, of which only one (" Wide Awake ") was a shell. Fol- 
lowing the order of the places which they drew, (as in the 
other cases,) they were the " Quickstep," manned by J. Scott, 
Jeremiah Driscoll, J. Hurley, and Bobert Donovan ; " Wide 
Awake," by G. Littlefield, M. Burns, W. Mahar, and E. Har- 
rington ; " Atkinson Boy," by J. Sullivan, M. Dempsey, D. 
Holland, and James Sullivan; and " Tiger," by J. Monahan, 
John Fitzgerald, Wm. Mallory, and H. McKenna. The 
" Atkinson Boy " did not appear at all, however, and the 
" Wide Awake," which started with the rest, did not return. 
The " Tiger " made the three miles in 20m. 53£s. ; " Quick- 
step," 21m. l£s. 

The fourth and last race was for six-oared lapstreak boats. 
Distance, three miles ; prizes $75 and $40. Four boats 
entered : " Fort Hill Boy," rowed by John Murray, J. 



124 



O'Brien, M. Driscoll, C. Shaw, D. Sullivan, and James Mur- 
ray; "Mill Boy," (of Medford,) by J. H. Vinal, J. T. Mor- 
rison, Win. Conner, William Spencer, John Carr, and W. 
Crockett, with a coxswain ; " Exile," (of Somerville, not 
Erin,) Morris Quau, John Harrington, M. Harrington, M. 
Scholley, J. Murphy, and J. Driscoll ; " Sbamrock," by D. 
F. Murphy, Patrick McKenney, E. Fitzgerald, P. Moran, L. 
Moran, and E. Franey. The "Exile," soon after starting, 
fouled with the " Mill Boy," and was ruled out. The <•' Fort 
Hill Boy," with one of the best crews in the country, took 
the first prize, in 20m. 56£s. The "Mill Boy," in spite of 
its accidents, came next, in 22m. 44s. The " Shamrock " 
was seven seconds behind the " Mill Boy." 



SUMMARY. 

Course, Charles River, July iOi, 1850. — Wherry race, 2 miles, one man, 
shells, prizes $50 and $20 ; lapstreaks and double scull lapstreaks, same ; 
four-oared boats, 3 miles, $75 and $40; six-oared lapstreaks, same. 

Class. Name. Pulled by Time. Prizes. 

Wherry L'Esperanee, . . . Robert F. Clark 14m. 53s $50 

Do Horace Jenkins . Thomas Doyle 15m. 04s 20 

Do Sword Fish J. McKay Withdrew 

Lapstreak .-. Olivia R. M. Pratt 15m. 29s 50 

Do Zouave T. Daly 16m. ll£s 20 

Do Blue Fish P. H. Colbert 16m. 12^s 

Do Autocrat M. F. Wells 16m. 25s 

Do Star W. Moore Withdrew 

Do Thrush C. F. Driscoll Withdrew 

Two-sculled. E. K. G Daley & Colbert 14m. 49s 50 

Do. . . . Novice Brackctt & Carpenter 14m. 59s 20 

Do Spark Stearns & Fox 15m. 30£s 

Do Dash Gifford & Foster . . . 17m. 28£s 

Four-oared . Tiger J. Monaghan, &c. . . . 20m. 53|s 75 

Do. . Quickstep J. Scott, &c 21m. 01s 40 

Do. . Wide Awake . . . G. Littlefield, &c Withdrew 

Six-oared . . Fort Hill Boy . . J. Murray, &c 20m. 56£s 75 

Do. . . Mill Boy H. Vinal, &c 22m. 04£s 40 

Do. . . Shamrock D. F. Murphy, &c. . . 22m. lHs 

Do. . . Exile Morris Quan, &<•. . . . Fouled 



125 



FIREWORKS. 



The evening proved very favorable for a display of fire- 
works on the Common ; and an immense crowd assembled as 
usual to witness the exhibition. Rockets and tourbillions 
were discharged from sunset until 9 o'clock, when the first 
piece, " The Crisis of America," was ignited, and burned for 
ten minutes. The last piece, the " Battle of Bunker Hill," 
was a perfect success. Everything connected with the dis- 
play was performed very effectively, and the crowd dispersed 
at ten o'clock, very well satisfied. No accidents happened 
during the exhibition ; and as a whole, the display was highly 
creditable to Mr. Andrew Lanergan, the Pyrotechnist. 



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